Agriculture And Processed Food Products Export Development Authority (Apeda) v. Grm Overseas Limited

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ LPA 176/2020 and CM 15687/2020, CM 15688/2020 & CM 15689/2020 AGRICULTURE AND PROCESSED FOOD PRODUCTS EXPORT DEVELOPMENT AUTHORITY (APEDA) .....Appellant Through: Mr. Amit Meharia, Ms. Tannishtha Singh & Mr. Abinash Agarwal, Advocates.

versus GRM OVERSEAS LIMITED ....Respondent Through: Mr. Sanjeev Puri, Senior Advocate with Ms. Divya Kapur, Advocate.

CORAM:

HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 20.07.2020 HEARD THROUGH VIDEO CONFERENCING.

1.

The appellant is aggrieved by an ex-parte ad interim order dated 19.03.2020, passed by the learned Single Judge in a writ petition filed by the respondent staying the announcement dated 17.02.2020, issued by the appellant, blacklisting two brands of basmati rice, "MOHSEN" and "AVAZEH", for registration of contract for export thereof to any country. 2.

At the outset, we have enquired from learned counsel for the appellant as to the date on which the appellant was served with a copy of the ex-parte ad interim order dated 19.03.2020. Mr. Abinash Agarwal, learned counsel for the appellant states that a copy of the said order was served by the respondent/petitioner in the office of the appellant on the very same day. We have also asked learned counsel for the appellant to clarify if any steps have LPA 176/2020 Page 1 of 2

been taken by the appellant so far to approach the learned Single Judge, for seeking vacation/modification of the ex-parte ad interim order dated 19.03.2020. Learned counsel concedes that no steps have been taken in that regard, so far. In fact, even a counter affidavit has not been filed by the appellant in the writ petition. Instead, the appellant appears to be waiting for the next date of hearing fixed before the learned Single Judge in the matter which is 24.09.2020.

3.

We decline to entertain the present appeal when the appellant has not taken any steps to approach the learned Single Judge by moving an application for seeking vacation/modification of the ex-parte ad interim order dated 19.03.2020.

4.

The present appeal is dismissed alongwith the pending applications while granting leave to the appellant to approach the learned Single Judge for relief. HIMA KOHLI, J.

SUBRAMONIUM PRASAD, J.

JULY 20, 2020 kk LPA 176/2020 Page 2 of 2