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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 ..... . for R-2. SACHIN DATTA, J. (ORAL) CM APPL.653/2025 & 654/2025 in W.P.(C) 138/2025 CM APPL. 660/2025 & CM APPL. 661/2025 in W.P.(C) 139/2025 CM APPL. 778/2025 & CM APPL. 779/2025 in W.P.(C) 180/2025 CM APPL. 847/2025 & CM APPL. 846/2025 in W.P.(C) 188/2025 CM APPL. 947/2025 & CM APPL. 948/2025 in W.P.(C) 211/2025 1. Allowed, subject to all just exceptions. 2. Applications stand disposed of. W.P.(C) 138/2025 & CM APPL. 652/2025 W.P.(C) 139/2025 & CM APPL. 659/2025 W.P.(C) 180/2025 & CM APPL. 777/2025 W.P.(C) 188/2025 & CM APPL. 845/2025 W.P.(C) 211/2025 & CM APPL. 946/2025 3. The 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of their previous TRQ quantities shall be allocated 2.5 times their previous TRQ imports (as per Bills of Entry records received by DGFT) iv. Notwithstanding conditionalities (i) and (ii), Qualified Jewellers as notified by IFSCA till March'2024 shall be allocated a minimum of 200 Kgs. v. Applicants who are not QJs and have no prior imports shall be allocated 80 kgs. 7. Details of allocation made are submitted at Annexure. Further, the Committee decided to review the utilisations of given TRQs in the October'2024. The Committee may thereafter choose to revise the extant TRQ allocations based on the TRQ imports made till September'2024." 6. The petitioners had applied for the TRQ in CEPA for the import of gold bullion and on the basis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e with the DGST, quantity allocated to them was reduced by half (to 50%) of the original allocation. The petitioners were also directed to not make imports beyond the revised reduced quantity. 9. It is averred in the petition that the aforesaid decision is unreasonable and arbitrary because firstly, the said decision was taken without granting an opportunity of hearing to the petitioner and without a sufficient prior notice and secondly since criteria for revising the TRQ allocation were never communicated to the petitioners, they had no basis to anticipate that their imports are required to be aligned with the criteria subsequently laid down in the Minutes of the Meeting dated 08.11.2024 . Further, it is averred in the petitions that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... %, without providing further details regarding other quantities of utilisation. Moreover, this public notice pertains to FY 2023-24, and there is no such public notice informing the Petitioners or the general public about such a criteria for FY 2024-25. 7. That being said, the Court understands that the intent behind the review exercise is to ensure that the TRQ allocations are specifically adhered to. Therefore, the Respondents' objective in conducting the review appears to be solely to ensure that the TRQ imports under the India-UAE CEPA are fully met. However, in light of the aforementioned circumstances, since the review decision was made without affording the Petitioners an opportunity to be heard, and Ms. Shiva Lakshmi has also indi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s above. 12. In the circumstances, the present writ petitions are also disposed of in terms of the aforesaid directions as contained in the order dated 05.12.2024 in W.P.(C) 16809/2024 and other connected matters. The petitioners are directed to file an application for review before the DGFT within one week from today whereupon the DGFT shall examine all the issues raised by the petitioners in the present petitions and issue fresh orders/directions, within a period of three weeks thereafter. 13. Further, the current allocations shall be maintained during the pendency of the above exercise. 14. Needless to say, the views expressed by this Court are of a prima facie nature and nothing in this order shall be construed as an expression of th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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