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Bombay High CourtWP/1651/2018

Jsw Steel Limited And ANR v. Union Of India And 3 ORS

2018-10-29Hon'Ble Shri Justice R. I. Chagla,Hon'Ble Shri Justice M.S. Sanklecha2 pages

Uday S. Jagtap 1651-18-WP-C-4 & 5=.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1651 OF 2018 JSW Steel Ltd. & Ors.

.. Petitioners v/s.

Union of India & Ors.

..Respondents WITH WRIT PETITION NO. 1668 OF 2018 JSW Steel Coated Products Ltd. & Ors.

.. Petitioners v/s.

Union of India & Ors.

..Respondents Mr. Vishal Agarwal a/w Mr. Ramnath Prabhu I/b P.K. Shetty for the petitioners Mr. Pradeep S. Jetly a/w Ms. Ashwini Singh for the respondents CORAM : M.S. SANKLECHA & RIYAZ I. CHAGLA, J.J.

DATED : 29th OCTOBER, 2018.

P.C.

1.

These two petitions under Article 226 of the Constitution of India challenge the action of the respondent no.3 in not allowing the petitioners' applications dated 30th March, 2015 (one in each of these petitions). The above two applications seek the benefit of incentive for incremental exports done during the year 2013-14 in terms of Notification No.43/(RE-2013)/2009-14, dated 25th September, 2013.

Uday S. Jagtap 1651-18-WP-C-4 & 5=.doc 2.

We have today passed an order allowing the petition being RSWM Ltd. Vs. Union of India, (Writ Petition No.9983 of 2017) by 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 applications dated 30th March, 2015. 3.

In the above view, the respondents are directed to allow the applications 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.

Both the Petitions are disposed of in the above terms. (RIYAZ I. CHAGLA, J.) (M.S. SANKLECHA, J.)