SAI MIRRA INNOPHARM PRIVATE LIMITED Vs. CHAIRMAN

JUDGEMENT

(1.) The petitioner has come up with the present writ petition challenging the proceeding of the second respondent dated 12.5.2010.

(2.) 2.1. The case of the petitioner is that it is involved in the production of pharmaceutical products within the jurisdiction of the second respondent. Violating the order made in M.P.No.42 of 2008 dated 28.11.2008, the third respondent issued a demand for payment of penal charges for exceeding the evening peak hour quota. The petitioner filed a writ petition before this Court in W.P. No.23524 of 2009, challenging the said demand. By its order, this Court had set aside the said notice and directed the second respondent to give opportunity to the petitioner to put forth their objections against such levy and pass orders after hearing the petitioner. The petitioner once again preferred W.P. No.2284 of 2010 challenging the action of the respondents in making the demand for payment of penal charges even before expiry of the time for submission of reply to the show cause notice issued on 28.1.2010. However, after receiving the notice in the above said writ petition, the respondents gave up the demand for payment of penal charges.

(3.) The learned counsel appearing for the petitioner mainly contended that,