High Court of Gujarat: Case No. 19720/2023 - Extension of Time Limit Dispute

Case Name:

R/Special Civil Application No. 19720 of 2023: M/S. SRSS AGRO PVT. LTD. vs. UNION OF INDIA

Key Takeaways:

• Dispute over the extension of the time limit specified under Section 73 of the Act by the Union of India.
• Challenge regarding the justification for subsequent extensions after a previous extension.
• Notice issued to the respondents returnable on 30.11.2023.
• Provision for granting time to reply to the show-cause notice.

Case Synopsis:

The case is identified as R/Special Civil Application No. 19720 of 2023, involving M/S. SRSS AGRO PVT. LTD. as the petitioner and the Union of India as the respondent.

Here’s a breakdown of the information:

• Appearance: The legal representatives for the petitioner and the respondent are listed as follows:

* ASHVA LEGAL ADVISORS LLP(13473) for the Petitioner(s) No. 1

* MR.AVINASH PODDAR(9761) for the Petitioner(s) No. 1

* MS ANCHAL A PODDAR(13386) for the Petitioner(s) No. 1

* MS ANCHAL A PODDAR(13386) for the Respondent(s) No. 1,2,3,4

* ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP for the Respondent(s) No.5

• Coram: The judges presiding over the case are HONOURABLE MR. JUSTICE BIREN VAISHNAV and HONOURABLE MRS. JUSTICE MAUNA M. BHATT.

• Date: The date of the oral order is 10/11/2023.

• Oral Order: The oral order is given by HONOURABLE MR. JUSTICE BIREN VAISHNAV. The order mentions the case of the petitioner regarding the notification dated 31.03.2023, which extended the time limit specified under Section 73 of the Act by virtue of the powers under Section 168A of the Act. The petitioner argues that this extension is unjustified as it has to be for special circumstances and that no subsequent extension could be made after the previous extension.

The order also mentions that the notifications are of the Union of India, and a show-cause notice dated 29.09.2023 has been issued by the respondent No. 5 – State. It further states that notice is to be issued to the respondents returnable on 30.11.2023, and if the petitioner asks for time to reply to the show-cause notice, the same shall be granted. Direct service to respondent No. 5 is permitted.

FAQ:

Q1: What is the nature of the dispute in the case?

A1: The case involves a dispute over the extension of the time limit specified under Section 73 of the Act by the Union of India, with the petitioner challenging the justification for subsequent extensions.

Q2: What is the outcome of the oral order issued by HONOURABLE MR. JUSTICE BIREN VAISHNAV?

A2: The oral order issues a notice to the respondents returnable on 30.11.2023 and provides for granting time to reply to the show-cause notice.