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2013 Supreme(Guj) 243

BHASKAR BHATTACHARYA, J.B.PARDIWALA
BIOMEDICAL LIFESCIENCE PVT LTD. – Appellant
Versus
UNION OF INDIA THROUGH SECRETARY MINISTRY OF COMMERCE – Respondent


Advocates:
Advocate Appeared:
MR KS NANAVATI, SR.ADVOCATE for NANAVATI ASSOCIATES, ADVOCATE for the Petitioner(s) No. 1 -2 MR PS CHAMPANERI, ASSTT.SOLICITOR GENERAL OF INDIA for the Respondent(s) No. 1 MR KAMAL B.TRIVEDI, ADVOCATE GENERAL with MS. S.K.VISHEN, AGP for the Respondent(s) No. 4 NOTICE SERVED for the Respondent(s) No. 2 - 3

JUDGMENT :

J.B.PARDIWALA, J.

1. By this application under Article 226 of the Constitution of India, the petitioner no.1, a company registered under the Companies Act, 1956, and the petitioner no.2, Chairman and Director of the company, have prayed for the following reliefs : “

(A) Your Lordships may be pleased to hold and declare Rule 19(5) of Special Economic Zones Rules, 2006 as ultra vires the parent Act viz. The Special Economic Zones Act, 2005 and thus, Constitution of India;

(B) Your Lordships may be pleased to issue a writ of mandamus/certiorari or writ in the nature of mandamus/certiorari or any other writ, order or direction quashing and setting aside the impugned order dated 02.04.2012 issued by the Respondent No.3 – the Joint Development Commissioner, Pharmez SEZ, at Annexure A hereto and further be pleased to issue a writ of mandamus on the Respondent No.2 directing the said authority to grant extension in the validity of the Letter of Approval dated 06.08.2008 granted to the Petitioner No.1 Company, w.e.f. 31.03.2011 for a further period of five years;

(C) Pending th












































































































































































































































































































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