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Madras High CourtWP/31940/2018dismissed as infructuous

M/S.Mohan Kumar Dhall Mill v. The Director General Of Foreign Trade

2021-12-16Honourable Mr Justice Krishnan Ramasamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.12.2021 C O R A M THE HON'BLE MR.JUSTICE KRISHNAN RAMASAMY W.P.NOS.31940 & 31949 OF 2018 W.M.P.NOS.37175, 37178, 37179, 37183, 37185 AND 37187 OF 2018 M/s.Mohan Kumar Dhall Mill, Rep. by its Director, A.Dhanabal ... Petitioner in both W.Ps .Vs.

1. The Director General of Foreign Trade, The Ministry of Commerce & Industries, Department of Commerce, Udyog Bhavan, H Wing, Gate No.2, Maulana Azad Road, New Delhi - 110 011.

2. The Joint Director General of foreign Trade, The Ministry of Commerce & Industries, Department of Commerce Udyog Bhavan, H Wing, Gate No.2, Maulana Azad Road, New Delhi - 110 011.

3. The Commissioner of Customs, Chennai II Commissionerate, Custom House, 60, Rajaji Salai, Chennai - 600 001.

... Respondents in both W.P's PRAYER IN W.P.NO.31940 OF 2018:- Writ Petition filed under Article 226 of the Constitution of India, prayed for the issuance of Writ of Certiorarified Mandamus, calling for the records relating to notification No.37/2015-2020 dated 28.09.2018 issued by the first respondent, quash the same and clear 5,000 Mts of pigeon Peas falling under Exim Code 0713 1000 in terms of Contract No.SW/78/2018-19 dated 27.11.2018.

PRAYER IN W.P.NO.31949 OF 2018:- Writ Petition filed under Article 226 of the Constitution of India, prayed for the issuance of Writ of Certiorarified Mandamus, calling for the records relating to notification No.22/2015-2020 dated 21.08.2017 and notification No.06/20152020 dated 04.05.2018 issued by the first respondent, read with Trade Notice No.19/2018 dated 25.10.2017 and the Trade Notice No.6/2018-2019 dated 11.05.2018 bearing F.No.M-5012/300-2002-PC2(A) and F.No.01/89/180-Misc.13/AM-07/PC-A2 issued by the second respondent, quash the same and consequently direct the third respondent to permit clearance of 2,000 MTs of Green Mund Beans falling under Exam Code 07133100 in terms of Contract No.SW/77/2018-2019 dated 27.11.2018.

For Petitioner :

No Appearance (In Both W.P's) For R1 :

Mr.J.Madhanagopal Rao Senior Panel counsel For R2 :

Mr.V.Chandrasekaran Senior Panel Counsel For R3 :

Mr.P.Rajkumar Jhabakh Junior Standing Counsel

ORDER

When the matter is taken up for hearing today, there is no representation for the petitioner.

2. The learned Senior Panel Counsel appearing for the respondents 1 and 2 would submit that this Court has already disposed of similar Writ Petitions as the prayer sought for in the Writ Petitions were become infructuous. Therefore, they requested to dispose of these Writ Petitions as infructuous.

3. Recording the submission made by the learned Senior Panel Counsel appearing for the respondents 1 and 2, these Writ Petitions are dismissed as infructuous. No costs. Connected miscellaneous petitions are closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

rst To 1.

The Director General of Foreign Trade, The Ministry of Commerce & Industries, Department of Commerce, Udyog Bhavan, H Wing, Gate No.2, Maulana Azad Road, New Delhi - 110 011.

2.

The Joint Director General of foreign Trade, The Ministry of Commerce & Industries, Department of Commerce Udyog Bhavan, H Wing, Gate No.2, Maulana Azad Road, New Delhi - 110 011.

3.

The Commissioner of Customs, Chennai II Commissionerate, Custom House, 60, Rajaji Salai, Chennai - 600 001.

W.P.NOS.31940 & 31949 OF 2018 W.M.P.NOS.37175, 37178, 37179, 37183, 37185 AND 37187 OF 2018 EV(CO) PBS/07/01/2022