Kerala High Court
Saint Gobain India Pvt. Ltd vs By Advs.Sri.K.V.Sadananda Prabhu on 26 December, 2016
Author: Anu Sivaraman
Bench: Anu Sivaraman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
WEDNESDAY, THE 11TH DAY OF JULY 2018 / 20TH ASHADHA, 1940
WP(C).No. 29603 of 2017
PETITIONER
SAINT GOBAIN INDIA PVT. LTD.
REPRESENTED BY V. RAJAN, S/O. VENTATRAMAN, SIGAPIAACHI
BUILDING, FLOOR NO. 7, 18/3, RUKMINILAKSHMIPATHY ROAD,
EGMORE, CHENNAI - 600 008.
BY ADVS.SRI.K.V.SADANANDA PRABHU
SRI.A.KEVIN THOMAS
SRI.KARTHIK S. NAIR
SRI.SHARATH S.PUTHENPARAMPAN
RESPONDENTS
1. UNION OF INDIA
REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE,
MINISTRY OF FINANCE, 128A, NORTH BLOCK, NEW DELHI- 110 001.
2. UNION OF INDIA,
REPRESENTED BY THE SECRETARY, DEPARTMENT OF COMMERCE,
MINISTRY OF COMMERCE AND INDUSTRY, UDYOGBHAVAN, NEW
DELHI - 110 011.
3. ASSISTANT COMMISSIONER OF CUSTOMS (EDC)
O/O. COMMISSIONER OF CUSTOMS, CUSTOMS HOUSE, WILLINGDON
ISLAND, COCHIN - 682 009.
4. DIRECTOR GENERAL OF FOREIGN TRADE,
DEPARTMENT OF COMMERCE, MINISTRY OF COMMERCE AND
INDUSTRY, UDYOGBHAWAN, NEW DELHI - 110 011.
5. POLICY RELAXATION COMMITTEE,
REPRESENTED BY ITS CHAIRMAN, O/O. DIRECTOR GENERAL OF
FOREIGN TRADE, DEPARTMENT OF COMMERCE, MINISTRY OF
COMMERCE AND INDUSTRY, UDYOG BHAWAN, NEW DELHI - 110 011.
R1,R2, R4 & R5 BY SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL OF INDIA
SMT.C.G.PREETHA, CGC
R3 BY ADV. SREELAL N. WARRIER, SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 11-07-2018,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
mks
WP(C).No. 29603 of 2017 (A)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1 TRUE COPY OF THE CERTIFICATE OF INCORPORATION
OF SAINT GOBAIN INDIA PVT. LTD.
EXHIBIT P2 TRUE COPY OF THE CERTIFICATE OF IMPORTER
EXPORTER CODE OF SAINT GOBAIN INDIA PVT.LTD.
EXHIBIT P3 TRUE COPY OF THE CERTIFICATE OF IMPORTER
EXPORTER CODE OF SEPR REFRACTORIES PVT.LTD.
EXHIBIT P4 ORDER OF THE MADRAS HIGH COURT DT. 30.11.2015.
EXHIBIT P5 SCHEME OF AMALGAMATION OF SEPR REFRACTORIES
INDIA PVT.LTD. AND SAINT GOBAI CRYSTALS AND
DETECTORS INDIA LTD. WITH SAINT GOBAIN INDIA
PVT.LTD.
EXHIBIT P6 TABLE OF SHIPPING DOCUMENTS
EXHIBIT P7 TRUE COPIES OF SHIPPING BILLS.
EXHIBIT P8 TABLE SHOWING CORRELATION OF BANK REALISATION
CERTIFICATE AND SHIPPING BILLS.
EXHIBIT P9 TRUE COPY OF THE APPLICATION TO THE
DIRECTORATE GENERAL OF FOREIGN TRADE.
EXHIBIT P10 TRUE COPY OF THE ORDER OF THE DIRECTORATE
GENERAL OF FOREIGN TRADE DT. 26.12.2016.
EXHIBIT P11 TRUE COPY OF THE APPLICATION TO THE ASSISTANT
COMMISSIONER OF CUSTOMS.
EXHIBIT P12 TRUE COPY OF THE ORDER OF THE ASSISTANT
COMMISSIONER OF CUSTOMS DT. 04.05.2017.
RESPONDENTS ANNEXURES
ANNEXURE-R2(A)-TRUE COPY OF THE LETTER DATED 26/12/2016 ISSUED TO THE
PETITIONER BY THE DIRECTOR GENERAL OF FOREIGN TRADE,
NEW DELHI
/TRUE COPY/
P.A. TO JUDGE
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18/07/2018
ANU SIVARAMAN, J.
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W.P.(C).No.29603 of 2017
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Dated this the 11th day of July, 2018
JUDGMENT
1. This writ petition is filed with following prayers:-
b