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4. The application is disposed of.

W.P.(C) 3121/2024 & CM APPL. 12796/2024

1. The Petitioner has approached this Court challenging the Communication dated 02.02.2024 issued by the Respondents whereby the Petitioner has been directed to obtain SCOMET authorisation from DGFT for exporting "Aircraft Engines/Parts/Components and other related items"

on the ground that the Petitioner has been exporting the "Aircraft Engines/Parts/Components" to a single country which potentially falls under the SCOMET list based on the end use.

2. Learned Counsel appearing for the Petitioner contends that these items are not there in the list and, therefore, per se the direction to obtain the SCOMET authorisation from DGFT is not sustainable in law. He states that roughly about 46 consignments have already been exported by the Petitioner from the country and, therefore, this new condition cannot be imposed in the midst of continuous exports. He further states that the Petitioner is suffering huge demurrage owing to the fact that goods are being kept in a warehouse. He states that apart from paying substantial demurrage, the Petitioner is also facing the risk of losing the export Orders and other civil consequences.