Bombay High Court
Schaeffler India Ltd vs The Union Of India Through The Secretary ... on 16 December, 2022
Author: Gauri Godse
Bench: Nitin Jamdar, Gauri Godse
Digitally signed by
RAJESHWARI RAJESHWARI RAMESH PILLAI
RAMESH PILLAI Date: 2022.12.21 15:28:04
+0530
1 18-WP-12106-2018.doc
rrpillai
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 12106 OF 2018
Schaeffler India Limited ... Petitioner
vs.
The Union of India through ... Respondents
the Secretary and Ors.
Mr. Prakash Shah i/b. PDS Legal for the Petitioner.
Mr. Vikas Salgia a/w. Mr. Ashutosh Mishra i/b. Mr. Parag Vyas for
the Respondents.
CORAM : NITIN JAMDAR AND
GAURI GODSE, JJ.
DATE : 16 DECEMBER 2022 P.C. :
Heard learned counsel for the parties.
2. The Petitioner has challenged the notice dated 9 February 2018 calling upon the Petitioner for recovery of benefit granted to the Petitioner under Target Plus Scheme as per Trade Notice No. 06/2018. The Petitioner has challenged the notification issued by the Government of India, Ministry of Commerce and Industry, more particularly amending Clause-7 of Notification No. 48 dated 20 February 2016 thereby rescinding Notification No.8 of 2006, 2 18-WP-12106-2018.doc dated 12 June 2006.
2. It is the contention of the Petitioner that the impugned notice is passed solely on the decision of the Hon'ble Supreme Court in the Case of Director General of Foreign Trade vs. Kanak Exports Kanak Exports1 in Civil Appeal No. 554 of 2006 and overlooking the fact that the decision of the Hon'ble Supreme Court was dealing with a different Notification and the impugned notice of recovery is based on an erroneous factual premise.
3. Learned counsel for the Respondents seeks time to take instructions and file reply.
4. Stand over to 24 January 2023.
(GAURI GODSE, J.) (NITIN JAMDAR, J.) 1 2015 (326) E.L.T. 26 (S.C.)