South Gujarat Warp Knitters ... vs Union Of India on 27 October, 2021

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Gujarat High Court

South Gujarat Warp Knitters ... vs Union Of India on 27 October, 2021

Bench: Sonia Gokani

    C/SCA/16316/2021                                     ORDER DATED: 27/10/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CIVIL APPLICATION NO. 16316 of 2021

===============================================================
 SOUTH GUJARAT WARP KNITTERS ASSOCIATION, AN ASSOCIATION
                       OF PERSON
                         Versus
                     UNION OF INDIA
===============================================================
Appearance:
MR DHAVAL SHAH(2354) for the Petitioner(s) No. 1,2
for the Respondent(s) No. 1,2,3
===============================================================

 CORAM:HONOURABLE MS. JUSTICE SONIA GOKANI
       and
       HONOURABLE MR. JUSTICE HEMANT M.
       PRACHCHHAK

                              Date : 27/10/2021

                           ORAL ORDER

(PER : HONOURABLE MS. JUSTICE SONIA GOKANI) Challenge made in this petition to the applicability of para-5.10(c) of the revised Handbook of Procedures under revised FTP 2015-20 which came into force w.e.f. 05.12.2017 to the EPCG Authorization issued prior to 2017 on the ground that it is discriminatory and violative of the principle of legitimate expectation and promissory estoppel. The prayer sought for are as follows.

(a) YOUR LORDSHIPS may be pleased to issue a writ of Prohibition or a writ in the nature of Prohibition or any other appropriate writ, order or direction under Article 226 of Constitution of India prohibiting the Respondents, their officers, subordinates, servants and agents, from taking any steps or proceedings in pursuance of or in furtherance of amended Paragraph 5.10(c) of the revised Handbook of Procedures under revised FTP 2015-20 and Policy Circular Notice No.22/2015-20 dated 29.03.2019 issued by the Respondent No.3 in respect of Page 1 of 3 Downloaded on : Fri Oct 29 07:08:26 IST 2021 C/SCA/16316/2021 ORDER DATED: 27/10/2021 EPCG authorisations issued prior to 05.12.2017;

(b) YOUR LORDSHIPS may be pleased to issue writ of Mandamus or a writ in the nature of Mandamus or any other appropriate writ, order or direction under Article 226 of the Constitution of India, ordering and directing the Respondents, their subordinate servants and agents to permit the members of the Petitioners to fulfil their Export Obligation in accordance with the relevant FTP under which EPCG Authorizations has been issued to them, by counting full realized value of the Shipping Bill in case of Third-party exports;

(c) YOUR LORDSHIPS may be pleased to issue writ of Mandamus or a writ in the nature of Mandamus or any other appropriate writ, order or direction under Article 226 of the Constitution of India, ordering and directing the Respondents, their subordinate servants and agents to give an additional extension of two years to the members of the Petitioner No.1 to fulfil their Export Obligation in respect of EPCG authorisations issued prior to 05.12.2017;

(d) During the pendency and final disposal of this Petition, YOUR LORDSHIPS be pleased to by an interim order or injunction, restrain the Respondents, by themselves, their subordinate servants and agents from acting upon or taking any steps or proceedings in accordance with amended Paragraph 5.10(c) of the revised handbook of Procedures under revised FTP 2015-20 and Policy Circular Notice No.22/2015-20 dated 29.03.2019 for the third party exports effected after 05.12.2017 based on EPCG authorisations issued prior 05.12.2017 on such terms and condition as they Hon'ble Court may deem fit;

(e) During the pendency and final disposal of this Petition, YOUR LORDSHIPS be pleased to by an interim order or injunction, restrain the Respondents, by themselves, their subordinate servants and agents from taking any action or proceedings against the members of the Petitioner No.1 who have been issued EPCG authorization prior to 05.12.2017 and time period for fulfilment of Export Obligation has expired but not discharged.

(f) An ex-parte ad-interim relief in terms of paragraph 26(d) and (e) above may kindly be granted on such terms and conditions deemed fit by this Hon'ble Court.

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C/SCA/16316/2021 ORDER DATED: 27/10/2021

(g) Any other further relief as may be deemed fit in the facts and circumstances of the case may also please be granted;

NOTICE returnable on 8th December 2021.

(SONIA GOKANI, J) (HEMANT M. PRACHCHHAK,J) V.R. PANCHAL Page 3 of 3 Downloaded on : Fri Oct 29 07:08:26 IST 2021

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