M/S. Synergies Castings Ltd. v. Union Of India & ORS.
$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 851/2020 M/S. SYNERGIES CASTINGS LTD.
..... Petitioner Through:
Ms. Priyadarshi Manish, Ms Anjali Jha & Ms. Jasmeet Kaur, Advocates versus UNION OF INDIA & ORS.
..... Respondents Through:
Mr. Asheesh Jain, CGSC, Ms. Nidhi Mohan Parashar & Mr. S.Shriram, Advocates for R-1-2
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
O R D E R
% 24.01.2020
1. This petition has been filed by the petitioner praying for a direction to the respondent no.2 to grant benefit of Merchandise Export from India Scheme (MEIS) as envisaged under the Foreign Trade Policy 2015-20 with regard to export made against shipping bill, numbers whereof are mentioned in Annexure P-3 of the petition.
2.
It is the case of the petitioner that the petitioner by mistake at the time of uploading the shipping bills, entered „No‟ against availing of the benefit of such scheme. Realizing this mistake, the petitioner approached the respondent no.4 to carry out the necessary amendments in the shipping bills. The same was approved by the respondent no.4 and a Certificate dated 18.11.2016 was issued. The respondent no.2 has also issued a Circular dated 21.02.2018, granting benefit to the Exporters who had committed similar mistake.
3.
The learned counsel for the petitioner submits that the petitioner is therefore, entitled to the benefit under the scheme; the same is not being considered by the respondent no.2.
4.
In view of the above, respondent no.2 is directed to treat the contents of the present petition as a representation of the petitioner and take a decision on the entitlement of the petitioner and communicate its decision to the petitioner within a period of three weeks from today. 5.
It is made clear that this Court has not expressed any opinion on the merits of the submissions made by the petitioner in the present petition. 6.
Needless to state, in case the petitioner is aggrieved of the decision taken by respondent no.2, it would be open to the petitioner to challenge the same in accordance with law.
7.
The petition is disposed of with these directions. 8.
Dasti under the signature of Court Master.
NAVIN CHAWLA, J JANUARY 24, 2020 hk