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FINORION PHARMA INDIA PRIVATE LIMITED vs. STATE OF MAHARASHTRA
(Bombay High Court)

Hon'ble Judges:

SONAK
SHANTILAL JAIN
Pet. Counsel
Prakash Shah
Mihir Deshmukh
Res. Counsel
Jyoti Chavan

Petitioner / Applicant

FINORION PHARMA INDIA PRIVATE LIMITED
Respondent STATE OF MAHARASHTRA
Court Bombay High Court
State

Maharashtra

Date Dec 10, 2024
Order No.

WRIT PETITION NO. 3672 of 2024

Citation

2024(12) TAXREPLY 11842
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ORDER

PC:- 1. Heard learned counsel for the parties. 2. This is yet another case where the Petitioner is attempting to bypass the practice of exhausting alternate remedies and taking chances with the Court processes. 3. The challenge in this Petition is the Refund Rejection Order dated 22nd April 2024, against which an appeal lies under section 107 of the Maharashtra Goods and Services Tax Act, 2017 (“MGST Act”). 4. Regards the availability of such alternate remedy, the Petitioner had made the following averments in paragraph No. 25 of the Petition: “25. It is submitted that the impugned ex-parte order is ex-facie illegal and in gross violation of the principles of natural justice. The impugned order is also in direct contravention of the binding judgments of this Hon’ble Court. In view of particular facts of the present case, the Petitioner is entitled to invoke the jurisdiction of this Hon’ble Court under Article 226 of the Constitution ....

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