Karnataka High Court
M/S Rswm Limited vs Union Of India on 4 September, 2019
Author: P.B.Bajanthri
Bench: P. B. Bajanthri
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 04TH DAY OF SEPTEMBER 2019
BEFORE
THE HON'BLE MR. JUSTICE P. B. BAJANTHRI
WRIT PETITION NO.32625 OF 2018(T-RES)
Between:
M/s RSWM Limited
(Previously M/s Cheslind Textiles Limited)
No.1/5G, b. Muduganapalli,
Berigai Road, Bagalur,
Krishnagiri District,
Tamil Nadu-635 105.
Represented by
(Vinod Mehta)
(Chief Operating Officer)
...Petitioner
(By Sri. Ravi Raghavan for Sri. Shivadass G, Advocate)
And:
1. Union of India
Represented by its Secretary,
Department of Revenue,
North Block,
New Delhi-110 001.
2. The Director General of Foreign Trade,
Ministry of Commerce and Industry,
Department of Commerce,
having its Office at
Director of Foreign Trade,
Udyog Bhavan, New Delhi-110 001.
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3. The Joint Director General of Foreign Trade
6th Floor, Kendriya Sadan,
C & E wing, 17th Main,
Koramangala 2nd Block,
Koramangala,
Bengaluru-560 034.
...Respondents
(By Sri.B. Pramod, Advocate).
This Writ Petition is filed under Articles 226 and
227 of Constitution of India, praying to declare that on
true and proper interpretation of paragraph 3.14.5 of
the FTP 2009-2014, the petitioner is entitled to duty
credit scrip (Authorization) of Rs.1,35,27,742/- as per
application 12.12.2014 vide Annexure-C at the rate of 2
per cent of incremental growth in exports during
01.01.2013 to 31.03.2014.
This Writ Petition coming on for Preliminary
Hearing in 'B' Group, this day, the Court made the
following:-
ORDER
In the instant petition, petitioner has sought for following reliefs:
a. Declare that on true and proper interpretation of paragraph 3.14.5 of the FTP 2009-2014, the petitioner is entitled to duty credit scrip (authorization) of 1,35,27,742/- at the rate of 2 per cent of incremental 3 growth in exports during 01.04.2013 to 31.03.2014 as per application 12.12.2014 vide Annexure-C. b. issue a writ of mandamus or a writ in the nature of mandamus or any other writ, order or direction under Article 226 of the Constitution of India ordering and directing the respondents by themselves, their officers, subordinates, servants and agents to forthwith issue duty credit scrip (authorization) in terms of paragraph 3.14.5 of the Foreign Trade Policy for the balance sum of Rs.35,27,742/- as per letter dated 06.04.2015 vide Annexure-F.
2. During the pendency of the present petition, pursuant to the order dated 24.09.2018, respondents have passed an order on 09.10.2018, which was examined by this Court on 22.10.2018. While making certain observations, pursuant to the order dated 4 22.10.2018, respondents have proceeded to pass a communication on 06.11.2018.
3. Undisputedly, order dated 09.10.2018 and communication dated 06.11.2018 are appealable under Section 15 of the Foreign Trade (Development and Regulation) Act, 1992. At this stage, the learned counsel for the petitioner submitted that order dated 09.10.2018 and communication dated 06.11.2018 are in violation of principles of natural justice. It is to be noted that till date, the petitioner has not challenged the order dated 09.10.2018 and communication dated 06.11.2018 by making necessary application for amendment of the writ petition.
4. Accordingly, writ petition stands dismissed reserving liberty to the petitioner to approach appropriate forum questioning the validity of order dated 09.10.2018 and communication dated 06.11.2018.
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With the above observations, petition stands disposed of.
The time spent in this Court shall be taken note for the purpose of condonation of delay, if any, by the appropriate forum.
Sd/-
JUDGE ag