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TMI Blog2025 (1) TMI 690X X X X Extracts X X X X X X X X Extracts X X X X ..... ciples of natural justice - HELD THAT:- This Court had issued directions and other connected matters in KAKA GOLD LLP VERSUS DIRECTOR GENERAL OF FOREIGN TRADE ORS. [ 2024 (12) TMI 544 - DELHI HIGH COURT ], which arose in a similar factual matrix and where it was held that ' since the review decision was made without affording the Petitioners an opportunity to be heard, and Ms. Shiva Lakshmi has also indicated that the Petitioners should have first approached the DGFT with their concerns, the Court is of the opinion that it would be more appropriate at this stage, without delving deep into the merits of the case, to direct the DGFT to examine all the issues raised by the Petitioners in the present petitions and issue a fresh decision on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... present petitions are filed by the petitioners who are engaged in the business of importing gold bullion which are used for the manufacturing of gold ornaments. The petitioners are aggrieved by the Minutes of Meeting dated 08.11.2024, in terms of which, the utilization of allocated Bullion Tariff Rate Quota (hereinafter referred as TRQ ) for the Financial Year 2024-25, under the India-UAE Comprehensive Economic Partnership Agreement dated 18.02.2022 (hereinafter referred as CEPA ) was reviewed and revised mid-term by the respondent no.1. 4. At the outset, it is noticed that the factual matrix is identical in all these petitions and the petitioners (in each of these petitions) impugn the same Minutes of Meeting, raising similar grounds of ch ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orts made till September 2024. 6. The petitioners had applied for the TRQ in CEPA for the import of gold bullion and on the basis of the aforesaid decision/meeting, the petitioners were issued a certificate/license with validity up to 31.03.2025. 7. Subsequently, in terms of paragraph no. 7 of the Minutes of the aforesaid Meeting, the respondents held a mid-year review of allocation of bullion TRQ under CEPA for FY 2024-25. In the said Minutes, the committee reviewed and revised the original TRQ on the basis of the utilisation records of the previously allocated TRQs (FY 2024-25) and decided as under: 6. The Committee decided to re-allocate the TRQs of the balance quantity based on the following Modalities i. Applicants who had utilised 25% ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tly laid down in the Minutes of the Meeting dated 08.11.2024 . Further, it is averred in the petitions that the paragraph 7 of the Minutes of Meeting held on 15.04.2024 which provided for the review of TRQs and paragraph 6 of the Minutes of Meeting dated 08.11.2024 which reviewed and revised the allocated TRQs are without jurisdiction and in excess of authority of the respondent no.1 because any revision before the expiry period of licence is in contravention to the provisions of the Foreign Trade (Development Regulation) Act, 1992, Foreign Trade (Regulation) Rules, 1993 and the procedures prescribed in the Handbook of Procedures, 2023 dated 01.04.2023 (notified vide public notice no.1 of 2023). 10. During the course of proceedings, it has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ithout affording the Petitioners an opportunity to be heard, and Ms. Shiva Lakshmi has also indicated that the Petitioners should have first approached the DGFT with their concerns, the Court is of the opinion that it would be more appropriate at this stage, without delving deep into the merits of the case, to direct the DGFT to examine all the issues raised by the Petitioners in the present petitions and issue a fresh decision on the basis thereof. 8 Furthermore, it is undisputed that as of today, no re-allocations have been made pursuant to the impugned Minutes of Meeting in the present proceedings. Therefore, it is directed that the current allocations be maintained until a decision is made following the review process. The above exercis ..... X X X X Extracts X X X X X X X X Extracts X X X X
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