9911796707
TMI Blog2023 (7) TMI 644X X X X Extracts X X X X X X X X Extracts X X X X ..... earlier proceedings which had reached this Court namely Writ Petition No. 1638 of 2018 filed by the petitioners which was disposed of by an order dated 24 October 2018 passed by a Coordinate Bench of this Court. The said Writ Petition filed by the petitioner was allowed in terms of prayer clause (a). However, as to issue in regard to 29 licenses, the following observations were made in paragraphs 10 to 13 (pages 27, 28 & 29 of the petition): "10. However, when this Petition was being heard by us, Respondent No. 3 filed an affidavit in reply of Mr. Jai Pal, Dy. Director General of Foreign Trade, dated 23rd October, 2018. The affidavit of Mr. Jai Pal, inter alia, refers to the fact that out of these 41 Advance Licenses which are subject ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llate Authority will decide the above Appeal from the order dated 24th February, 1997/9th April, 1997 on its own merits without being influenced by any averments made in the affidavit of Mr. Jain Pal, dated 23rd October, 2018 or any observations by this Court in this order." 3. Subsequent thereto, the Director General of Foreign Trade passed an order dated 17 October 2019, whereby, the order in original dated 24 February 1997 passed by Deputy Director General of Foreign Trade, Mumbai was set aside. The operative order passed by the Additional Director General of Foreign Trade reads thus: ORDER 1. The Cancellation Order/Order-in-Original No. 21/96- 97/CAN/ECA/MUM dated 24.02.1997 passed by the Deputy Director General of Foreign Trade, M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n its aforesaid order and complying with the order of the DGFT, by certifying the statement already prepared of the duty foregone together with applicable rate of accrued interest i.e. prime leading rate prevalent in the year 1995 pertaining to the 41 licenses together with the lost/misplaced certificate in compliance with prayer (a) of the earlier petition. (b) For a writ of mandamus, or a writ, direction or order in the nature of mandamus, or any other appropriate writ, direction or order under Article 226 of the Constitution of India directing the Respondents Nos. 1 to 4, to release the applicable rate of accrued interest i.e. prime lending rate prevalent in year 1995 pertaining to 41 licenses (as calculated in Exhibit "Q" hereto) to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as informed by Mr. Shroff, and as confirmed by Mr. Mishra, learned counsel for the respondent Nos.2 to 4 it was agreed between the parties that Mr. Sham Walve, Advocate of this Court would look into the issues and after taking into consideration all the documents which would be submitted and the say of the parties, make appropriate calculations. Although to this effect there is no specific order referring the issue to Mr. Walve. In such context an order dated 10 November 2022 passed by this Court is required to be noted which reads thus: "1. Mr. Walve states that he has shared a note on the status of each of the license of Petitioner to Petitioner and Respondent. Mr. Walve states that if the representatives of Petitioner and Respondent c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch we have noted above. In the context of these orders, the grievances of the petitioners is to the effect that such orders are required to be complied by the respondents. 10. The prayers in the petition are also for a direction that the respondents need to comply with the directions of the High Court as also of the DGFT. 11. In our opinion, it is for the respondents to comply with the said orders and take all consequential steps as the said orders would mandate. Certainly, in exercise of jurisdiction of this Court under Article 226 of the Constitution, it may not be possible for this Court to exercise any executory jurisdiction. Article 226 of the Constitution would confer powers of judicial review on the High Court, to issue appropriate ..... X X X X Extracts X X X X X X X X Extracts X X X X
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