M/S Tvs Motor Company Ltd. vs Union Of India on 11 December, 2020

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Karnataka High Court

M/S Tvs Motor Company Ltd. vs Union Of India on 11 December, 2020

Bench: P.B. Bajanthri

                              1




     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 11TH DAY OF DECEMBER, 2020

                           BEFORE

       THE HON'BLE MR.JUSTICE P.B. BAJANTHRI

       WRIT PETITION NO.23032/2015(GM-RES)

BETWEEN:

M/S TVS MOTOR COMPANY
LIMITED, PB NO.4, HARITA
HOSUR - 635 109
REPRESENTED BY
R. MURALI,
VICE PRESIDENT                                    ... PETITIONER

(BY SRI. RAVI RAGHAVAN FOR SRI. LAKSHMI KUMARAN
    & SRI. SHIVADASS .G, ADVOCATES)

AND:

1.     UNION OF INDIA
       REP BY ITS SECRETARY
       MINISTRY OF COMMERCE
       & INDUSTRY, UDYOG BHAWAN,
       NEW DELHI - 110 007

2.     THE DIRECTOR GENERAL
       OF FOREIGN TRADE
       UDYOG BHAWAN,
       MAULANA AZAD ROAD,
       NEW DELHI - 110 011

3.     THE ADDITIONAL DIRECTOR
       GENERAL OF FOREGIN TRADE
       UDYOG BHAWAN,
       MAULANA AZAD ROAD,
       NEW DELHI-110 011

4.     THE DEPUTY DIRECTOR GENERAL
       OF FOREIGN TRADE
                                    2




      UDYOG BHAWAN,
      MAULANA AZAD ROAD,
      NEW DELHI - 110 011

5.    THE JOINT DIRECTOR GENERAL
      OF FOREIGN TADE, KENDRIYA SADAN,
      6TH FLOOR, C & E WING, 2ND BLOCK,
      17TH MAIN ROA, KORAMANGALA,
      BANGALORE - 560 034

6.    FOREGIN TRADE DEVELOPMENT
      OFFICER, KENDRIYA SADAN,
      6TH FLOOR, C & E WING,
      2ND BLOCK, 17TH MAIN ROA,
      KORAMANGALA,
      BANGALORE - 560 034                          ... RESPONDENTS

(BY SRI. MADHUKAR DESHPANDE FOR R-1 TO R-6)

      THIS WRIT PETITION FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE LETTER DATED
16.1.2015 ISSUED BY THE R-3 VIDE ANN-A AND ETC.,

      THIS PETITION COMING ON FOR PRELIMINARY HEARING - B
GROUP PHYSICAL HEARING / VIDEO CONFERENCING HEARING
(OPTIONAL), THIS DAY, THE COURT MADE THE FOLLOWING:-


                               ORDER

In the instant petition petitioner has prayed for the following reliefs:

i) Issue a Writ or Order or Direction in the nature of writ of Certiorari by quashing the Letter bearing file No.11/380/2009 -

10 ECA-I/768 dated 16.01.2015 issued by respondent No.3; vide Annexure-A

ii) Issue a Writ or Order or Direction in the nature of writ of Mandamus directing the Respondents to grant the Duty Credit Scrip under the Serve From India Scheme;

iii) To pay cost of this writ petition; and

iv) Pass such other order/s or direction/s as deemed fit and proper in the facts and circumstances of the case in the interest of justice.

2. Petitioner filed application for grant of Duty Free Replishment Certificate (for short 'DFPC') under Served From India Scheme (for short 'SFIS').

3. Petitioner submitted application for grant of DFPC under SFIS. Such application was not entertained for want of various issues. Consequently, petitioner preferred appeal, appeal was also rejected. Thus, the present petition is presented.

4. During pendency of the present petition, petitioner is said to have fulfilled each and every shortcomings except Forward Inward Remittance Certificate (for short 'FIRC'). .

5. Learned counsel for the petitioner on instructions submitted that petitioner is prepared to furnish FIRC. In the event of petitioner is in possession of FIRC and it is produced before the original authority - Trade Development Officer for Joint Director General of Foreign Trade Region, Benglauru, he/she is hereby directed to examine the documents to be produced by the petitioner and proceed to pass speaking order, if 4 rest of the issues are in order. The above exercise shall be completed within a period of three months from the date of receipt of this order.

Accordingly, writ petition stands disposed of.

Sd/-

JUDGE BS

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