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TMI Blog2015 (9) TMI 165X X X X Extracts X X X X X X X X Extracts X X X X ..... ly, for the Respondent P.C: Leave to amend. 2 Heard learned Counsel for the parties. 3 RULE. 4 The petitioner challenges the order dated 11 September 2013 of Additional Director General of Foreign Trade (DGFT) ignoring the decision of the Norms Committee dated 2 May 2012. The relevant portion of which reads as under:" CASE NO. C2 M/s. Welspun Corp Ltd. Meeting No. 02/81 E. No.01/8 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecision. The petitioner submits that in view of the above communication of the Norms Committee, it makes no difference whether the actual import was of Non-Alloy or of Alloy Steel HR Coils/Plates so long as the grade of steel of exported pipes is the same as that of the imported HR Coils/Plates. However, in spite of the above direct and binding decision of the Norms Committee, the Additional DGFT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... scal penalty of Rs. 860 Crores and thereafter, directed the licensing authorities to examine the concerned Advance Authorizations in the light of the decision dated 2 May 2012 of the Norms Committee is sufficient to show total arbitrariness and non-application of mind on the part of the Additional DGFT in passing the impugned order. 7 Our attention is further invited to the communication dated 4 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inform you that your abovementioned authorizations cannot be redeemed even after following aforesaid decision taken by the Norms Committee." 8 It is submitted that the impugned communication of the Assistant DGFT also suffers from total arbitrariness and total non-application of mind inasmuch as 'grade' of steel exported (such as API) has to be compared with the 'grade' of the st ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ration and implementation of the order dated 11 September 2013 of the Additional DGFT (Ex. M). It is ordered accordingly. Consequently, the communication dated 4 October 2013 of the Assistant DGFT on behalf of the Additional DGFT at Ex. 'A' to the Affidavit in reply dated 14 October 2013 would also stand suspended. 12 It is clarified that pendency of the Writ Petition and the above interi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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