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R. DEVDAS, C M JOSHI
M S Patil Sugers Limited – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. dispute over iem and distance certificate validity. (Para 1 , 2 , 3) |
| 2. need for opportunity of hearing in annulling orders. (Para 4) |
| 3. appellant's locus standi on distance certificate questioned. (Para 5) |
| 4. court affirms legality of single judge order regarding hearing. (Para 6) |
| 5. writ appeal dismissed; order upheld. (Para 7) |
JUDGMENT :
R.Devdas, J.
The petitioner who was respondent No.6 before the learned Single Judge in a writ petition filed at the hands of the respondent No.6-herein, is seeking to assail the order of the learned Single Judge in W.P.No.201621/2023 dated 28.06.2023.
2. It is not in dispute that the appellant herein was granted IEM during the year 2010. However, by order dated 28.03.2019 the IEM was de-recognized and bank guarantee was confiscated. The appellant herein seems to have made communication/representation on 05.11.2022 seeking extension of time for implementation of the project in terms of the IEM issued in the year 2010. In the meanwhile, however the respondent No.6 herein had sought for a distance certificate and a distance certificate was issued on 10.10.2022. The Secretary to the Department of Commerce and Industries, Government of Kar
An individual or entity lacking direct interest cannot contest administrative decisions regarding Distance Certificates or IEM annulments without due process being followed, specifically the provisio....
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The principle of constructive res judicata bars parties from raising issues in subsequent litigation that could have been raised in earlier proceedings. Additionally, technical defects in tender docu....
The judgment underscores the significance of adherence to the EMA scheme guidelines and the importance of proper certification in claiming benefits under the scheme.
The rule of alternative remedy limits the court's writ jurisdiction, which should not be exercised when statutory remedies are available, particularly in administrative licensing matters.
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