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The Petitioner got the approval from Bombay High Court to visit the office premises of Petitioner to collect records and information during the lockdown.

Saphire Foods Pvt. Ltd. (Petitioner)

Vs.
Union of India (Respondent)

Saphire Foods is a renowned company having more than 250 franchise outlets of KFC and Pizza Hut across country.

****

The petitioner has impugned the summons dated 11th May 2020 issued by the respondent no.3 seeking various information. 

2. With the assistance of the learned counsel for the parties, we have perused the record including reply submitted by the authority which prima facie indicates that the respondents have been seeking information from the petitioner since 6th August 2019.

3. It is the case of the petitioner that some of the information are already furnished. Rest of the information can be submitted by the petitioner visiting the office premises of the petitioner.

4. Mr.Jetley, learned senior counsel for the respondent no.1, on the other hand, submits that the informations have not been submitted by the petitioner though several reminders have been issued by the authority from time to time.

5. Learned senior counsel for the respondent no.1 submits that after all such information are submitted by the petitioner, authority will take at least 30 days time to submit a report.

6. After hearing the learned counsel for the parties, we are of the view that the petitioner shall be directed to furnish all such information, not furnished so far, on or before 8th June 2020. The petitioner would be at liberty to visit the office premises of the petitioner and to collect all such information, if any, with the assistance of the necessary staff.

7. It is made clear that if any such permission is required to visit the office premises of the petitioner from the concerned police station, such permission shall be granted to the petitioner and its staff with such conditions as it deems fit. It is made clear that no further extension of time would be granted to the petitioner to furnish such information. No coercive steps shall be taken against the petitioner till 10th June 2020 by the respondent no.1 for not furnishing information. After such information is furnished, the respondents shall prepare a report within the time prescribed i.e. upto 30th June 2020.

8. Writ petition is disposed of by consent of parties in aforesaid terms. No order as to costs.

9. This order will be digitally signed by the Private Secretary of this Court, Sheristedar of this Court is permitted to forward the parties copy of this order by e-mail. All concerned to act on digitally signed copy of this order.

****

We sincerely apologize to Saphire Foods Pvt. Ltd. for our previous article on the above case law published on our portal on 27th May 2020, titled as below.

"NAA got approval from Bombay High Court to visit the office premises of Sapphire Foods Pvt Ltd to collect records and information"

The writer had misinterpreted the words 'Petitioner' and 'Respodent' as 'NAA' at few places becuase of some confusion and followed by the wrong drafting. We have now rectified the article title as below. 

"Petitioner got approval from Bombay High Court to visit the office premises of Petitioner to collect records and information."

The error was purely human and unintetional. The same was immediately corrected when brought to our notice by Saphire Team. We had no intention to damage the company’s name and reputation in any manner. We appreciate the grace with which the Saphire Team responded to the matter. We shall be more cautious in future.

Thank You.

TaxReply


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Posted by

TaxReply

on May 27, 2020


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