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Delhi High Court - Orders

M/S Rudram Inc. Through Its Partner Sh ... vs Union Of India & Ors on 5 October, 2023

Author: Yashwant Varma

Bench: Yashwant Varma, Dharmesh Sharma

                             $~17-20
                             *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                             +         W.P.(C) 4053/2023 & CM APPL. 15843/2023-Stay, CM APPL.
                                       22806/2023-15 days delay, CM APPL. 22807/2023-15 days
                                       delay in C.A., CM APPL. 22808/2023-15 Days Delay in C.A.
                                       By R. 8, CM APPL. 22819/2023-16 Days Delay in C.A., CM
                                       APPL. 22827/2023-15 Days Delay in C.A., CM APPL.
                                       33979/2023-Recalling of O. D. 30.05.2023

                                       M/S RUDRAM INC. THROUGH ITS PARTNER SH VARUN
                                       GOEL                                   ..... Petitioner
                                                    Through: Appearance not given

                                                                            versus

                                       UNION OF INDIA & ORS.                                                               ..... Respondents
                                                                            Through:                 Mr. Aditya Singla, SSC with
                                                                                                     Mr. Mahesh Agarwal, Adv. for
                                                                                                     CBIC.
                                                                                                     Mr. Ravi Prakash, CGSC with
                                                                                                     Mr. Aman Rewaria & Mr.
                                                                                                     Yasharth Shukla, Advs. for R- 1
                                                                                                     & 2.
                                                                                                     Mr. George Pothan Poothicote,
                                                                                                     Ms. Sindhu Acharya & Mr.
                                                                                                     Arpit Mallick, Advs. for R-3.
                                                                                                     Mr. Venkata Raghuvamsy D. &
                                                                                                     Mr. Raghav Kumar, Advs. for
                                                                                                     R-4 to 8.
                             18
                             +         W.P.(C) 4082/2023 & CM APPL. 15887/2023-Stay
                                       M/S RUDRAM INC. THROUGH ITS PARTNER SH VARUN
                                       GOEL                             ..... Petitioner
                                                    Through: Appearance not given

                                                                            versus

                                       UNION OF INDIA & ORS.                                                               ..... Respondents



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 07/10/2023 at 23:01:23
                                                                             Through:                 Mr. Aditya Singla, SSC with
                                                                                                     Mr. Mahesh Agarwal, Adv. for
                                                                                                     CBIC.
                                                                                                     Mr. Ravi Prakash, CGSC with
                                                                                                     Mr. Aman Rewaria & Mr.
                                                                                                     Yasharth Shukla, Advs. for R- 1
                                                                                                     & 2.
                                                                                                     Mr. George Pothan Poothicote,
                                                                                                     Ms. Sindhu Acharya & Mr.
                                                                                                     Arpit Mallick, Advs. for R-3.
                             19

                             +         W.P.(C) 4086/2023 & CM APPL. 15895/2023-Stay
                                       M/S RUDRAM INC. THROUGH ITS PARTNER SH.
                                       VARUN GOEL.                            .... Petitioner
                                                   Through: Appearance not given


                                                                            versus

                                       UNION OF INDIA & ORS.                                                               ..... Respondents
                                                                            Through:                 Mr. Aditya Singla, SSC with
                                                                                                     Mr. Mahesh Agarwal, Adv. for
                                                                                                     CBIC.
                                                                                                     Mr. Ravi Prakash, CGSC with
                                                                                                     Mr. Aman Rewaria & Mr.
                                                                                                     Yasharth Shukla, Advs. for R- 1
                                                                                                     & 2.
                                                                                                     Mr. George Pothan Poothicote,
                                                                                                     Ms. Sindhu Acharya & Mr.
                                                                                                     Arpit Mallick, Advs. for R-3.

                             20
                             +         W.P.(C) 5777/2023 & CM APPL. 22636/2023-Int. relief
                                       ASFIVE AGRO PRIVATE LIMITED & ORS. ..... Petitioners
                                                    Through: None.

                                                                            versus



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 07/10/2023 at 23:01:23
                                        UNION OF INDIA & ORS.                                                               ..... Respondents
                                                                            Through:                 Mr. Chetan Sharma, ASG with
                                                                                                     Mr. Asheesh Jain, CGSC, Mr.
                                                                                                     Gaurav Kumar & Ms.
                                                                                                     Geetanjali, Tyagi, Advs. for R-
                                                                                                     1 & 2.
                                                                                                     Mr. Aditya Singla, SSC with
                                                                                                     Mr. Mahesh Agarwal, Adv. for
                                                                                                     CBIC.
                                                                                                     Ms. Sonu Bhatnagar, Sr.
                                                                                                     Standing Counsel with Ms.
                                                                                                     Monica Benjamin & Ms. Nishta
                                                                                                     Mittal, Advs. for R-3.

                                       CORAM:
                                       HON'BLE MR. JUSTICE YASHWANT VARMA
                                       HON'BLE MR. JUSTICE DHARMESH SHARMA
                                                                            ORDER

% 05.10.2023

1. The instant writ petitions originally came to be preferred impugning the validity of a communication dated 20 March 2023 in terms of which five importers had been identified for export of 2.5 Lakh Metric Tonnes [LMT] of broken rice to Senegal.

2. We were informed on the last occasion that subsequently the process of import has been modified and now stands regulated in terms of the Trade Notice dated 20 June 2023. We were also apprised that the validity of the aforesaid notice has been challenged and is pending consideration in W.P.(C) 8625 of 2023. It was in the aforesaid backdrop the learned counsel for the petitioner had sought permission to intervene in the aforenoted petition.

3. We are today informed by the learned counsel that arguments on the intervention application as well as the writ petition have been heard and orders stand reserved.

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 07/10/2023 at 23:01:24

4. In view of the aforesaid, since the import regime itself has undergone a significant change and the impugned communication has already worked itself out, we find no ground to continue the present writ petitions any further.

5. The writ petitions are disposed of accordingly. We, however, clarify that prayer (ii) as raised in W.P.(C) 4053 of 2023, W.P.(C) 4082 of 2023 and W.P.(C) 4086 of 2023, shall be open to be canvassed by the petitioner in W.P.(C) 8625 of 2023 or by initiating such other proceedings as may be permissible in law.

6. Consequently, the writ petitions along with pending applications, if any, shall stand disposed on the aforesaid terms.

YASHWANT VARMA, J.

DHARMESH SHARMA, J.

OCTOBER 5, 2023/kk 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 07/10/2023 at 23:01:24