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TMI Blog2018 (9) TMI 1606X X X X Extracts X X X X X X X X Extracts X X X X ..... with the consent of learned Counsel for the parties. 2. After the matter was closed for judgment on 16th August, 2018, subsequent events having material bearing occurred, Civil Application No. 2133 of 2018 is already allowed. Similarly, later applications seeking leave to bring on record other events vide Civil Application Nos.2241 of 2018 and 2342 of 2018 are filed, opportunity has been given to respondents. Respondents have argued the matter today and reply affidavit has been filed vide Stamp No. 12496 of 2018 on 10.09.2018. Those applications are also allowed. 3. Though various contentions have been raised by learned Senior Counsel and learned ASGI has replied to it, in view of the subsequent events we need not ponder over the same. 4 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... os. 15021 to 15024 of 2018 and other writ petitions. Restriction on import of Yellow Peas extended till 30th September, 2018 by Notification dated 02nd July, 2018 has been withdrawn. Effect of this withdrawal is given in that notification only, hence after 29th August, 2018, no restriction on such import existed. 8. Immediately on next day, i.e. on 30th August, 2018, the restriction has been imposed. This Notification No. 32/2015-20 dated 30th August, 2018 does not make any mention to any earlier notification. Notification by itself, therefore, cannot be read as referring to withdrawal on 29th August, 2018 or then extension notification dated 02nd July, 2018. This notification, therefore, restricts import from 30th August, 2018. 9. Thus, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 018. Yellow Peas forming subject matter of those two contracts were to be loaded at Ukraine and unloaded at Nhava Sheva Port. The shipments were accordingly loaded on 28.04.2018 and 10.05.2018 and have reached the port of discharge on 23.05.2018 and 31.05.2018. These details, therefore, show that before 30th August, 2018, the contract was fully executed. 13. In this situation, without observing anything more, we direct respondents to take necessary steps to permit petitioner to lift and use imported Yellow Peas in these two shipments without subjecting them to the restriction imposed vide Notification No. 32 dated 30th August, 2018. 14. Accordingly, we allow this writ petition. 15. Learned ASGI Shri Aurangabadkar seeks stay of this order ..... X X X X Extracts X X X X X X X X Extracts X X X X
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