Patspin India Limited v. The Union Of India Through The Secretary And ORS

Uday S. Jagtap 8252-18-WP-6=.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8252 OF 2018 Patspin India Ltd.

.. Petitioners v/s.

Union of India & Ors.

..Respondents Mr. Prakash Shah a/w Mr. Jas Sanghavi I/b PDS Legal for the petitioners Mr. Pradeep S. Jetly a/w Mr. Dharmesh Joshi for the respondents CORAM : M.S. SANKLECHA & RIYAZ I. CHAGLA, J.J.

DATED : 29th OCTOBER, 2018.

P.C.

1.

This petition under Article 226 of the Constitution of India challenge the action of the respondent no.3 in not allowing the petitioner's application dated 30th March, 2015. By the above application dated 30th March, 2015, the petitioners sought the benefit of incentives for incremental exports done during the year 2013-14. This in terms of Notification No.43/(RE-2013)/2009-14, dated 25th September, 2013.

2.

We have today passed an order allowing a petition being RSWM Ltd. Vs. Union of India, (Writ Petition No.9983 of 2017) by

Uday S. Jagtap 8252-18-WP-6=.doc following earlier decisions of this Court in JSW Steel Ltd. Vs. Union of India, 334 ELT 222 and Welspun Global Brands Ltd. Vs. Union of India & Ors. (Writ Petition No.2157 of 2016) rendered on 12th June, 2017. It is an agreed position between the parties that for the reasons indicated in our order passed in RSWM Ltd. (supra), Welspun Global Brands Ltd. (supra) and JSW Steel Ltd. (supra), the respondent no.3 would allow the petitioners application dated 30th March, 2015. 3.

In the above view, the respondents are directed to allow the application dated 30th March, 2015 in its entirety. This in terms of the order of this Court in Welspun Global Brands Ltd. (supra) and RSWM Ltd. (supra) within a period of nine weeks from today. 4.

The petition is disposed of in the above terms. (RIYAZ I. CHAGLA, J.) (M.S. SANKLECHA, J.)