M/S. NOVACARE DRUG SOCIALITES PRIVATE LIMITED Vs. THE UNION OF INDIA
LAWS(BOM)-2017-5-201
HIGH COURT OF BOMBAY
Decided on May 02,2017

M/S. Novacare Drug Socialites Private Limited Appellant
VERSUS
THE UNION OF INDIA Respondents

JUDGEMENT

F.M. Reis, J. - (1.) Heard Mr. Bharat Raichandani, learned Counsel appearing for the petitioner and Ms. Priyanka Kamat, learned Counsel appearing for the respondents No. 2 and 3
(2.) Rule. Learned Counsel appearing for the respondents waives service. Heard forthwith, with the consent of the learned Counsel.
(3.) The main contention of the learned Counsel appearing for the petitioner is that the impugned Order dated 28/3/2017 passed by the respondent No. 3 is without following the principles of natural justice. The learned Counsel points out that the petitioners received a notice in the year 2016, alleging that a show cause notice was issued to the petitioner, way back in the year 2010 and, as such, the respondent No. 3 wanted to proceed with the decision on such a show cause notice. The learned Counsel further points out that as the petitioner did not have a copy of the show cause notice, time was sought from the respondent No. 3 of 15 days, to enable the petitioner to trace the copy of the show cause notice and filed adequate reply to such notice. It is further pointed out that without granting any further time, and in breach of principles of natural justice, nor giving an opportunity of hearing to the petitioner, the impugned order came to be passed. The learned Counsel further submits that a representative of the petitioner appeared on 17th February, 2016 and informed the respondent No. 3 that the records were not traceable and sought for further extension of time. The learned Counsel further submits that as the petitioner was not given an adequate hearing by the respondent No. 3, the impugned order is a nullity as it is in breach of the principles of natural justice. The learned Counsel further submits that grave injustice would cause to the petitioner in case this Court does not interfere with the impugned order, which is a nullity in the eyes of law. The learned Counsel has, thereafter, taken us through the objections placed on record to point out that the conduct of the respondent No. 3 in proceeding with the show cause allegedly issued in the year 2010 is itself unsustainable in law. As such, he submits that the impugned order be quashed and set aside. In support of his submissions, the learned Counsel has relied upon Judgments of this Court in the case of Milton Plastics Ltd. v. Union of India and others., dated 13/2/2016 in Writ Petition No. 10788 of 2015 and Premier Ltd., v. Union of India and ors., dated 13/2/2017 in Writ Petition No. 12780 of 2016.;


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