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2023 Supreme(Bom) 2058

G. S. PATEL, NEELA GOKHALE
Lotus Refineries Private Ltd – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
V.V. Gautam, Advocate, Isha Vashisth, Advocate, Dilip H. Shukla, Advocate, A.L. Patki, Advocate, S.B. Gore, Advocate, Jyoti Chavan, Advocate, Arvind Lakhawat, Advocate, Nimeet Sharma, Advocate

JUDGMENT/ORDER

G.S.PATEL J., J. - Writ Petition No. 403 of 2023 is filed by a corporate entity Lotus Refineries Private Limited ("Lotus Refineries") and one Arun Kumar Sharma, its managing director. The reliefs sought are at page 29:

    "(a) Issue a writ of mandamus or any other appropriate writ/s or orders/directions to quash the notifications dtd. 28/8/2014, 22/6/2015, 13/1/2016 and 2/1/2019, issued by the Respondent No.1, under Sec. 4(1), 5(1), 8 and 12 of Maharashtra Protection of Interest of Depositors (in Financial Establishment) Act, 1999, qua petitioner (whereby the Respondent No.1 attached the movable and immovable properties of the Petitioner No. 1 and 2, by invoking Sec. 4(1), 5(1) and 8 of the Act ibid), being ultra vires to the provisions of Article 246 read with Entry No. 48 of List-1 of 7th Schedule of Constitution of India, Article 300A of Constitution of India, provisions of Sec. 2(c), 2(d), 3, 4(1), 5(1), 8 and 12 of MPID Act, 1999 and Sec. 2(12), 2(24) and 6 read with Entry No. 68 and 102 of Schedule-C of Maharashtra Value Added Tax Act, 2002.

(b) declare that the Petitioner No.1 is not Financial Establishment in terms of Sec. 2(d) of the MPID Act and the amount paid

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