Ms Vivan Tradelink v. Director General Of Foreign Trade & ORS.
$~78 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 17514/2024, CM APPL.
74516/2024, CM APPL.
74517/2024 & CM APPL. 74518/2024 MS VIVAN TRADELINK .....Petitioner Through:
Mr. Dharan Gandhi, Mr. Rajat Mittal, Mr. Suprateek Neogi, Mr. Priyanshu, Advocates versus DIRECTOR GENERAL OF FOREIGN TRADE & ORS.
.....Respondents Through:
Ms. Shiva Lakshmi, CGSC with Mr.
Govind Sharma, Advocate for DGFT Mr. Nishant Gautam, CGSC with Ms.
Sanjana Mehrotra, Mr.
Mayank Sharma, Mr. Vipul Kumar, Mr. Vipul Verma, Ms. Akriti, Advocates for UOI
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
O R D E R
% 19.12.2024 1.
The Petitioner is engaged in the business of importing gold bullion, which is used for the manufacturing of gold ornaments. Pursuant to a Comprehensive Economic Partnership Agreement,1 between India and UAE, the Petitioner has been allotted certain Tariff Rate Quota2 by the Respondents for the import of bullion. The said TRQ has now been 1 "CEPA"
2 "TRQ"
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 20/12/2024 at 12:58:52
reviewed and revised as per the Minutes of Meeting held on 8th November, 2024, which is the subject of challenge in the present petition. 2.
In W.P.(C) 16809/2024 and other connected matters, which arise from a similar factual matrix and involve identical grounds of challenge, this Court, after careful consideration of the contentions, has issued directions vide order dated 05th December, 2024. Accordingly, it is directed that the order dated 05th December, 2024 passed in W.P.(C) 16809/2024 and other connected matters, shall apply mutatis mutandis in the present case as well. 3.
In addition to the grounds similar to the aforesaid petitions, the Petitioner has prayed for mandamus directing Respondent No. 1/Director General of Foreign Trade to approve their request for amendment of TRQ license. The Petitioner contends that their application for amendment of license, which is annexed as Annexure P-6, has been pending since 23rd October, 2024. The Petitioner has also submitted a reminder to the DGFT on 19th November, 2024, however, their request has not been decided by the Respondents.
4.
Accordingly, in addition to the directions issued in paragraph no. 2 above, further directions are issued to DGFT to decide the Petitioner's application for amendment of TRQ license within a period of four weeks from today.
5.
With the above direction, the present petition is disposed of, along with pending applications.
SANJEEV NARULA, J DECEMBER 19, 2024/ab 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 20/12/2024 at 12:58:52