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TMI Blog2015 (1) TMI 118X X X X Extracts X X X X X X X X Extracts X X X X ..... urt must not examine these issues as not only they are intricate but essentially of a policy decision and to be taken by the executive. It is in the larger public interest and of promoting foreign trade and equally developing but regulating it that the state or the Central Government before us must take such decisions. It may be that the Director General or his colleagues are of a particular view but our anxiety is that matters and issues brought like the Petitioner before us ought to be examined by the Ministry and at the Ministry level so that any doubt or confusion with regard to interpretation of the policy are cleared and the Petitioner can then take a definite stand. Petition disposed of. - Writ Petition No. 2011 of 2014 - - - Dated: ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng ground: 1. From shareholding pattern its clear that the majority shares (80.43%) are held by M/s. Thyssen Krupp UHDE GmBH , Germany. So, M/s. UHDE India Pvt. Ltd. is not even a company having majority shareholding by an Indian or an Indian Firm. 2. M/s. UHDE India Pvt. Ltd. is promoting Thyssen Krupp brand and not any Indian Brand. Policy Interpretation Committee in its decision in the meeting held 27.12.2011 clarified that SFIS can be provided only when Indian brand is promoted. Our records show that you have already received SFIS benefits in other FYs. Therefore, you are directed to surrender these benefits immediately. You are requested to remove above deficiencies within a period of 30 days from the date of issue of this let ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d on instructions is that the Secretary in the Department of Commerce, Government of India will hear the Petitioner or their representatives and duly consider their grievances not only in relation to the communication at page 39 but with regard to the interpretation placed by the Policy Interpretation Committee in its decision in the meeting dated 27th December, 2011. The Secretary will apply his mind, independent of any stand taken before us in the affidavit in reply and equally in some communications or written instructions given to Mr. Jetly . He would consider as to whether the SFIS can be provided only when Indian brand is promoted and whether the Petitioner before us is a company which promotes an Indian brand. 7] We feel that we s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... expeditiously as possible. The decision shall be reached without being influenced by the affidavits placed on record and the stand of the Director General reflected therein. 9] We would expect such a decision to be taken and considering all relevant and germane materials as expeditiously as possible and by 30th April, 2015. 10] It is agreed before us by the Respondents that until the decision is taken as above and communicated to the Petitioner shall not be acted upon and the status quo as prevailing today shall be maintained. In other words, nothing will be done in pursuance of the letter/communication at page 39 so as to adversely affect the status or the rights of the Petitioner. This arrangement shall be without prejudice to the r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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