Delhi High Court - Orders
Ms Kalpam Jewels Private Limited vs Director General Of Foreign Trade & Ors on 30 May, 2025
Author: Sachin Datta
Bench: Sachin Datta
$~48
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 7815/2025
MS KALPAM JEWELS PRIVATE LIMITED .....Petitioner
Through: Mr. Rajat Mittal, Mr. Dharan Gandhi,
Mr. Suprateek Neogi, Mr. Priyanshu
and Ms. Prerna Pandya, Advs.
versus
DIRECTOR GENERAL OF FOREIGN TRADE & ORS.
.....Respondents
Through: Ms. Rukhmini Bobde, CGSC, Mr.
Amlaan Kumar and Mr. Vinayak
Aren, Advs.
Mr. Aditya Singla, SSC, CBIC
(through v/c)
Mr. Aditya Singh, SSC, Mr. Ritwik
Saha, Advs. for R-2 and 3.
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA
ORDER
% 30.05.2025 CM APPls.34468/2025 and 34469/2025 (Exemption)
1. Allowed, subject to all just exceptions.
2. Applications stand disposed of.
W.P.(C) 7815/2025 and CM APPL.34467/2025 (Stay)
3. The petitioner in the present petition challenges the rejection of its application for allocation of Tariff Rate Quota (TRQ) for import of gold under the Comprehensive Economic Partnership Agreement (CEPA) between India and the United Arab Emirates (UAE) for the financial year 2025-26. Specifically, the present petition assails a decision taken in the minutes of the meeting dated 29.04.2025 at Director General of Foreign This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/06/2025 at 00:41:32 Trade (DGFT) Headquarters, which purports to lay down the eligibility conditions and allocation modalities for Tariff Rate Quota (TRQ) for the import of gold at concessional rates under CEPA. The petitioner is aggrieved by the fact that the said minutes of the meeting dated 29.04.2025 prescribes certain conditions and modalities for TRQ allocation which, inter alia, are as follows:
(i) a minimum turnover threshold of Rs. 25 crores over the last three financial years;
(ii) the non-refundability of application fees for unsuccessful applicants.
4. It is submitted that the petitioner herein is engaged in the business of import and trading of gold bullion and holds valid importer-exporter code (IEC). It is submitted that the decision taken vide the aforementioned minutes of the meeting have the effect of completely ousting the petitioner from the zone of consideration without any rationale or affording an opportunity of hearing. As such, it is submitted that the criteria adopted in the said minutes suffers from manifest arbitrariness.
5. Issue notice.
6. Learned counsel, as aforesaid, accepts notice on behalf of the respondents.
7. Let reply be filed within a period of four weeks. Rejoinder thereto, if any, be filed within a period of one week thereafter.
8. In the meantime, the provisional allocation of TRQs pursuant to the meeting held on 29.04.2025 shall be subject to the outcome of this petition. Needless to say, if so warranted in future and if so directed in these proceedings, the allocation/s shall be re-determined / reviewed.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/06/2025 at 00:41:32
9. List on 04.07.2025.
SACHIN DATTA, J MAY 30, 2025/cl This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/06/2025 at 00:41:32