Delhi High Court - Orders
Rhine Power Pvt. Ltd vs Union Of India And Ors on 28 November, 2023
$~28
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 11174/2019 & CM APPL. 45996/2019
RHINE POWER PVT. LTD. ..... Petitioner
Through: Mr. Ashok Kumar Arya, Adv., Mr.
Kshitiz Arya and Mr. Abhinav
Jaganathan, Advs.
versus
UNION OF INDIA AND ORS. ..... Respondents
Through: Mr. Vivek Goyal, CGSPC with Mr.
Reshesh Mani Tripathi, Adv. for R-
1/UOI.
CORAM:
HON'BLE MS. JUSTICE TARA VITASTA GANJU
ORDER
% 28.11.2023 [Physical Hearing/Hybrid Hearing (as per request)]
1. The present Petition has been filed impugning the minutes of meeting dated 10.07.2018 and 30.01.2019 communicated by Respondent No.3 wherein the Terminal Excise Duty (TED) refund claimed by the Petitioner was rejected in terms of the Foreign Trade Policy 2009-14. 1.1 The Petitioner has also sought refund in the sum of Rs. 48,16,759/- along with interest at the rate of 18% per annum.
2. This Court, in its order dated 22.11.2023 passed in W.P.(C) 1772/2019 has relied on a judgment dated 01.05.2023 passed by a Coordinate Bench of this Court in LPA 362/2019 titled as "Union of India v Aurobindo Pharma Ltd." and other connected matters that has struck down the provisions in relation to Terminal Excise Duty. The Judgment of the W.P.(C) 11174/2019 page 1 of 2 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 30/11/2023 at 22:07:04 Division Bench has relied on the Judgment passed by the Supreme Court in Sandoz Private Limited v. Union of India & Others, 2022 OnLine SC 10.
3. Learned Counsel for the parties request for an accommodation to examine the aforesaid Judgments.
4. List the matter for directions on 08.01.2024.
TARA VITASTA GANJU, J
NOVEMBER 28, 2023/SA
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W.P.(C) 11174/2019 page 2 of 2
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 30/11/2023 at 22:07:04