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TMI Blog2022 (5) TMI 396X X X X Extracts X X X X X X X X Extracts X X X X ..... ade Policy, 2015-20 as well as the provisions of the Handbook of Procedures. Although an attempt was made by Mr. Raval to persuade this Court that this litigation is not squarely covered by the judgment of this Court in the case of M/s. Maxim Tubes Company Pvt. Ltd., yet it is concluded that this matter should be admitted the interim relief to be granted. Rule returnable on 29.06.2022. - R/SPECIAL CIVIL APPLICATION NO. 3723 of 2022 - - - Dated:- 5-5-2022 - HONOURABLE MR. JUSTICE J.B.PARDIWALA and HONOURABLE MS. JUSTICE NISHA M. THAKORE Appearance: MR PARESH M DAVE(260) for the Petitioner(s) No. 1,2 for the Respondent(s) No. 1,2,3 MR NIKUNT K RAVAL(5558) for the Respondent(s) No. 1,2,3 ORAL ORDER ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nal hearing on 13.04.2022. 4. As against the above, Mr. Dave invited the attention of this Court to one order passed by a Coordinate Bench of this Court dated 20.11.2019 in the Special Civil Application No.20397 of 2019, Annexure A, page 38 of the paper book, wherein this Court has taken the view that once any provision of law has been declared as ultra vires and even if the same is challenged by the Union to the same, the judgment, which is a subject matter of challenge before the Supreme Court would not stand defaced. 5. There is one another contention raised on behalf of the writ applicants. The contention is that for the relevant period, no show cause notice has been issued seeking to recover any particular amount from the w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sed in Special Leave Petition (C) No.23356 of 2019 the Supreme Court has stayed the operation and implementation of the said judgment. The attention of the court was invited to the decision of the Calcutta High Court in the case of Pijush Kanti Chowdhury v. State of West Bengal, MANU/WB/0077/2007 , wherein the court has held that the effect of the order of stay in a pending appeal before the Apex Court does not amount to 'any declaration of law', but is only binding upon the parties to the said proceedings and at the same time, such interim order does not destroy the binding effect of the judgment of the High Court as a precedent because while granting the interim order, the Apex Court had no occasion to lay down any proposition of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nted to the writ applicants by the respondent No.3 so as to review the DEL Order and also to consider whether the writ applicants should be provisionally taken out of the DEL till the disposal of the appeal filed by the department before the Supreme Court challenging the judgment rendered in the case of M/s. Maxim Tubes Company Pvt. Ltd. (supra). 6. Mr. Dave pointed out that in fact, the averments made on oath are incorrect. No opportunity of any personal hearing has been granted to his clients by the respondent No.3 at any point of time. 7. In the case of M/s. Maxim Tubes Company Pvt. Ltd. (supra), the Pre-import condition laid down under the Notification No. 18/2015-Cus. w.e.f. 30.10.2017 and also in Paragraph 4.14 of the Foreign Tr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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