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High Court of DelhiW.P.(C)/9674/2018

Dcm Textiles (A Unit Of Dcm Limited) v. Union Of India And ORS.

2018-09-14Hon'Ble Mr. Justice Vibhu Bakhru2 pages

$~54 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 9674/2018 DCM TEXTILES (A UNIT OF DCM LIMITED) ..... Petitioner Through:

Mr P.C. Patnaik, Advocate.

versus UNION OF INDIA AND ORS.

..... Respondents Through:

Mr Ripu Daman Bhardwaj, Advocate.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 14.09.2018 1.

The petitioner has filed the present petition, inter alia, praying as under:- "a) Issue a writ of mandamus or any other Writ/order/direction to the Respondents to pass an appropriate order to release the remaining Duty Credit Scrip under Incremental Exports Incentivisation Authorization (IEIS) for Rs.44,60,941/- under FTP for the year 2009-14 plus interest @18% per annum; and/or b) Issue in nature of writ of certiorari to quash and set aside impugned order bearing Ref.

No.

05/60/092/00201/ AM15/1187491 dated 15.12.2015 by Respondent No.3; and/or c) Issue the writ mandamus to Respondent No.2 to grant Personal Hearing to the representation of the petitioner dated 04.07.2017 and decide the case of the petitioner." 2.

The controversy in the present petition relates to the petitioner's entitlement to Incremental Exports Incentivisation Scheme (IEIS). The

petitioner claims that it is entitled to a Duty Credit Scrip in the value of ₹85,23,199/-. However, the respondents have accepted the same only to the extent of ₹40,62,258/-. The remaining claim has been rejected by an order dated 15.12.2015.

3.

At the outset, the learned counsel appearing for the petitioner states that the petitioner has preferred a review against the said decision under Section 16 of the Foreign Trade (Development and Regulation) Act, 1992 which is pending before the Directorate General of Foreign Trade. He requests that the petition be disposed of by directing the Directorate General of Foreign Trade (respondent no.2) to dispose of the said review petition in a time bound manner.

4.

This Court finds no reason not to accede to the aforesaid prayer. Accordingly, the present petition is disposed of by directing respondent no.2 to dispose of the petitioner's review petition in accordance with law as expeditiously as possible and preferably within a period of two months from today.

VIBHU BAKHRU, J SEPTEMBER 14, 2018 RK