Indus Mercadeo v. Directorate General Of Foreign Trade
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29-01-2026
CORAM
THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE AND WMP NO. 45658 OF 2025 Indus Mercadeo, Represented By Its Partner, V.Ramasamy, No.13/1, Ragavan Colony, 3rd Street, Ashok Nagar, Chennai 600 083.
Petitioner(s) Vs 1.Directorate General Of Foreign Trade, Udyog Bhawan, Maulana Azad Road, New Delhi 110 011.
2.Joint Director General Of Foreign Trade Shastri Bhavan Annexe, Haddows Road, Chennai 600 006.
3.Assistant Commissioner Of Customs (Gr. 5E) Custom House, Meenambakkam, Chennai 600 027.
Respondent(s) PRAYER:-Writ Petition filed under Article 266 of the Constitution of India, praying for an issuance of Writ of Mandamus, directing the 1st respondent to issue import License for the goods covered under Invoice No.22638 dated 22.08.2025 and 22796 dated 04.09.2025 raised by the foreign supplier on the petitioner firm without any further delay in accordance with Notification No.
23/2023 dated 03.08.2023 and the timeline prescribed under the Foreign Trade Policy read in conjunction with the Handbook of Procedure, 2023. For Petitioner(s):
M/s.V.Pramila For Respondent(s):
M/s.Sushma, Senior Panel Counsel For R1 & R2 Mr.J.Hari Krishna, Standing Counsel for R3
ORDER
This writ petition has been filed seeking to direct the 1st respondent to issue import license for the goods covered under the subject invoices without any further delay in accordance with the Notification No.23/23 dated 03.08.2023.
2.It is now brought to the notice of this Court by the learned counsel for the petitioner that subsequent to the filing of this writ petition, the import license has now been issued. However, she would submit that, till date, the goods have not been released to the petitioner by the customs department. 3.The counters have been filed by the respective respondents before this Court stating that the license produced by the petitioner is effective only from 01.01.2026 to 31.12.2026. However, the learned counsel for the petitioner disputes the same by stating that the subject license is valid for the subject
goods as well. This Court is not expressing any opinion on the merits of the respective contentions.
4.No prejudice will be caused to the respondents if the petitioner is allowed to give a representation to the respondents seeking for permanent release of the subject goods and a direction is issued to the respondents to consider the same on merits and in accordance with law, within a time frame to be fixed by this Court.
5.Learned counsel for the petitioner has also received instructions from the petitioner that, the petitioner is willing to give a representation to the respondents seeking for permanent release of the subject goods. 6.In view of the above, the following directions are issued by this Court:- (a) The petitioner shall submit a representation to the respondents seeking for permanent release of the goods, which are subject matter of this writ petition, within a period of one week from the date of receipt of a copy of this order.
(b) On receipt of the said representation within the stipulated time, the respondents shall pass final orders on merits and in accordance with law, after affording one personal hearing to the petitioner, within a period of four weeks thereafter.
7.With the aforesaid directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 29-01-2026 rst Index:Yes/No Speaking/Non-speaking order Internet:Yes
To 1.Directorate General Of Foreign Trade Udyog Bhawan, Maulana Azad Road, New Delhi 110 011.
2.Joint Director General Of Foreign Trade Shastri Bhavan Annexe, Haddows Road, Chennai 600 006.
3.Assistant Commissioner Of Customs (Gr. 5E) Custom House, Meenambakkam, Chennai 600 027.
ABDUL QUDDHOSE J.
rst AND WMP NO. 45658 OF 2025 29-01-2026