Yajur Bast Fibres Limited And ANR v. Union Of India And ORS

OD - 54 ORDER SHEET WPO/2084/2022

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE YAJUR BAST FIBRES LIMITED AND ANR VS UNION OF INDIA AND ORS

BEFORE:

The Hon'ble JUSTICE MD. NIZAMUDDIN Date : 10TH MAY, 2022.

Appearance:

Mr. Suddhastava Banerjee, Adv.

Mr. Aritra Basu, Adv.

Mr. Souradeep Banerjee, Adv.

Mr. Amarnath Dutta, Adv.

Mr. Dwip Raj Basu, Adv.

..for the petitioner Mr. Amit Chakrabarti, Adv.

Mr. Raja Satyajit Banerjee, Adv.

..for the respondents The Court : Heard learned Advocates appearing for the parties. In this matter, petitioner has challenged the impugned order dated 14th March, 2022 passed by the Assistant Director General of Foreign Trade which appears at page 79 being Annexure P18 to the writ petition on the ground that the same is contrary to and not in full compliance of the order in review dated 14th December, 2021, being Annexure P15 to the writ petition and also on the ground of non-application of mind on the part of the Officer concerned who has issued the impugned order dated 14th February, 2022 on perusal of which it appears that the respondent authority

concerned has already extended the validity period of export obligation by one year and further recording that the export obligation stands enhanced to the extent of ten per cent in terms of para 5.11 (a) of the Handbook of proceeding while in the subsequent paragraph it has recorded that the export document for the purpose of discharge has to be produced which is contrary to the earlier paragraphs of the aforesaid order. Petitioner submits that the respondent concerned should implement its own order dated 14th February, 2022 by taking action manually without insisting the petitioner for submitting the export documents in question for the purpose of discharge.

Considering the submissions of the parties and the order in review in question and the impugned order dated 14th February, 2022, this writ petition being WPO NO. 2084 of 2022 is disposed of by directing the respondent Officer concerned to take effective steps manually to implement its aforesaid order dated 14th February, 2022, for validating the period of export obligation in question by period of one year and the validity of the same will commence from the date of his endorsement. With these observations and directions above, this writ petition being WPO NO. 2048 of 2022 stands disposed of.

(MD. NIZAMUDDIN, J.) Sbghosh