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2023 (12) TMI 1338

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..... s and letter of credit has also been issued by the petitioner for the said quantity, therefore, this Court finds that prima facie point is made out for consideration and considering the facts of the case, objection raised by learned Deputy Solicitor General is not found to be appropriate to disallow the aforesaid application. The respondents are directed to permit the petitioner to export the Non-basmati White Rice to foreign entities in compliance of contract entered into between them, to which letter of credit has been issued by the petitioner for supply of quantity - Application allowed. - Naresh Kumar Chandravanshi , J. ORDER Mr. Manoj Paranjpe, counsel for the petitioner Mr. Ramakant Mishra, Deputy Solicitor General, for respondents .....

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..... ovt. of India got amended to the existing export policy of Non-basmati White Rice, banning and prohibiting export of Non-basmati Rice vide notification dated 20.07.2023 (Annexure P-1). He would further submit that if such policy is applied to the petitioner's case, particularly in pending contracts, the petitioner's rights will be adversely affected, as the petitioner has already entered into the contract basing on the earlier policy and letter of credit has already been issued for supply of quantity, as mentioned in paragraph 8.2. of the writ petition. Hence, if contract is not fulfilled, then he would have to suffer consequences of breach of contract not only on monetary part, but also with regard to goodwill of the business of th .....

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..... , to which writ cannot be issued until and unless any fundamental right is not breached, which has not been done in this case. He submits that interim relief and final relief sought for by the petitioner is one and the same, therefore, interim relief cannot be granted, which amounts to final relief. Perused material available on record; also gone through Annexure P-13 i.e. order dated 19.10.2023 passed by High Court of Andhra Pradesh in case of Omm Agroexim Pvt. Ltd, (supra), also perused Annexure P-14 i.e. order dated 30.09.2022 passed by High Court of Andhra Pradesh at Amravati in Writ Petition No. 32049 of 2022, which pertains to broken rice, to which alike notification was issued; also perused other documents annexed with the petition f .....

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