M/S Bremikk Industries Pvt. Ltd. v. Union Of India & ANR

$~61 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 8237/2017 M/S BREMIKK INDUSTRIES PVT. LTD.

..... Petitioner Through:

Mr Naveen Malhotra, Advocate.

versus UNION OF INDIA & ANR ..... Respondents Through:

Ms Monika Arora, CGSC with Mr Vibhu Tripathi, Advocate for UOI/R1.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 15.09.2017 CM No. 33859/2017 1.

Exemption is allowed, subject to all just exceptions. 2.

The application stands disposed of.

W.P.(C) 8237/2017 3.

Issue notice.

4.

The learned counsel appearing for respondents accepts notice. 5.

The grievance raised by the petitioner is that the benefits of Focus Product Scheme (FPS) is not being released to the petitioner. 6.

A perusal of the petition indicates that there were some disputes regarding a default committed by M/s Jagson Overseas. A Show Cause Notice was also issued to the petitioner in respect of the said defaults (presumably as a related party) and an order was been passed, inter alia, placing the petitioner under Denied Entity List (DEL). The petitioner claims

that it successfully contested the said order and, on 28.12.2015, the Deputy Director General of Foreign Trade had passed an order setting aside the inclusion of the petitioner in DEL. The petitioner apprehends that the benefits of FPS have been denied to it pursuant to the earlier order placing the petitioner in DEL, which was subsequently set aside. 7.

In the aforesaid circumstances, the present petition is disposed of by directing the respondents to consider the petitioner's case for release of FPS benefits within a period of twelve weeks from today. In the event the respondents conclude that the said benefits are to be denied to the petitioner, the concerned authority shall pass a speaking order. Needless to state that the petitioner, if aggrieved, would be at liberty to file afresh. VIBHU BAKHRU, J SEPTEMBER 15, 2017 RK