Bombay High Court
M/S Bharti Foods, Bhowari, Kamptee, ... vs Union Of India, Thr. The Secretary ... on 29 September, 2023
Author: A.S. Chandurkar
Bench: A.S. Chandurkar
13-wp-6539-23.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CIVIL WRIT PETITION NO. 6539 OF 2023
M/s Bharti Foods having its office at M/s Bharti Foods
-Vs-
Union of India and ors.
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Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
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Mr. Sahil Dewani, counsel for the petitioner.
Mr.N.S.Deshpande, DSGI for respondent Nos.1 and 2.
CORAM :A.S.CHANDURKAR &
MRS.VRUSHALI V. JOSHI, JJ.
DATED :29.09.2023.
1. The challenge raised in the present writ petition is to Notification No.23 of 2023 dated 20/07/2023 that has been issued by the respondent No.1. By the said notification, export of 'Non Basmati White Rice' which was earlier permitted has now been prohibited. Exemption in certain contingencies has however been, provided for.
2. According to the learned counsel for the petitioner, the petitioner has entered into various contracts prior to issuance of the Notification and hence it is prejudiced by the issuance of such Notification without any prior notice. The petitioner apprehends breach of the said contracts entered into earlier on account of issuance of the Notification and would result in litigation and financial loss. The petitioner seeks to rely upon the Kavita 13-wp-6539-23.odt 2/2 orders passed in Writ Petition No. 5779 of 2007 ( M/s. Shah Nanaji Nagsi Exports Vs. Union of India, through its Secretary and ors.) to seek interim relief of continuing exports qua the contracts preceding the Notification.
3. Issue notice to the respondents, returnable on 10.10.2023.
4. Learned Deputy Solicitor General of India, waives service of notice for respondent Nos.1 and 2.
5. Service on other respondents by all permissible modes is permitted. The prayer for interim relief would be considered upon service on all the respondents.
6. To be heard along with Writ Petition No.5601 of 2023 JUDGE JUDGE Signed by: Kavita P Tayade Designation: PA To Honourable Judge Kavita Date: 30/09/2023 13:16:23