9911796707
TMI Blog2024 (2) TMI 877X X X X Extracts X X X X X X X X Extracts X X X X ..... ome writ petitions, Courts had permitted as an interim measure the export of rice, which was stored in the godowns of such petitioners, yet by virtue of the judgment and order impugned in the present Appeal, the learned single Judge appears to have permitted the export of the entire quantity of 18,900 MTs of the said rice which was otherwise a subject matter of contract between the petitioner and the foreign buyers, which, runs contrary to the notification, which was impugned in the writ petition, on which a view had to be expressed and the notification impugned had to be either upheld or set aside, which did not happen in the present case, in view of the fact that after obtaining the interim relief, the petitioner very conveniently sought ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f non-basmati Indian white rice. It is stated that the supplies as per the contracts entered into between the petitioner and the foreign buyers were to be made by the petitioner before 31.10.2023, 30.11.2023 and 31.01.2024 respectively, failing which the foreign buyers were entitled to claim damages and the disputes, if any arising out of the said contracts, would then be subject to international arbitration. The petitioner claims that a notification bearing No. 20/2023, dated 20.07.2023, came to be issued by the Union of India, Ministry of Commerce and Industry, in exercise of the powers conferred under Section 3 r/w 5 of the Foreign Trade (Development and Regulation) Act, 1992, r/w paragraphs 1.02 and 2.01 of the Foreign Trade Policy, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and based on the request of their Government. A trade notice bearing No.23/2023, dated 18.08.2023, came to be issued clarifying that conditions (i), (ii) and (iii) were independent of each other and that export would be permitted to be completed, if any of the conditions were satisfied by the exporter. 2. The petitioner challenged the impugned notification on various grounds and took a stand that if the petitioner was not permitted to export the quantity of the aforesaid rice as per the contracts entered into by it, it would attract heavy damages by foreign buyers and result in huge financial loss to the petitioner. It was the stand of the petitioner that the quantity of rice as per the contract had already been procured and were s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioner to export 18,900 MTs of the said rice in terms of the concluded contracts. At that stage, a statement was made by learned counsel for the petitioner that in view of the relief having been granted to the petitioner by way of modification of the earlier order, he did not wish to press the relief to challenge the constitutional validity of the notification and in those circumstances, the learned single Judge proceeded to dispose of the writ petition itself and hence, the present Appeal. 5. Learned counsel for the appellant urged that the learned single Judge could not have granted the relief to the writ petitioner respondent herein in the face of the notification, dated 20.07.2023, which was impugned in the writ petition wit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... upheld or set aside, which did not happen in the present case, in view of the fact that after obtaining the interim relief, the petitioner very conveniently sought to withdraw the challenge to the notification itself, which in our view, was impermissible. For the reasons mentioned above, we set aside the judgment and order impugned and remand the matter to the learned single Judge for consideration afresh along with the batch of petitions which are stated to be listed tomorrow i.e., on 16.02.2024, before the concerned Bench as per the roster. Registry to post the matter accordingly. The Writ Appeal is, accordingly, disposed of. No order as to costs. Pending miscellaneous applications, if any, shall stand closed. - - TaxTMI - TMI ..... X X X X Extracts X X X X X X X X Extracts X X X X
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