IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOS.38658 - 38659 OF 2014(GM-RES) BETWEEN:
M/s. SPML Infra Limited, [Formerly Subhash Projects and Marketing Limited.,], Subhash House, 8/2, Ulsoor Road, Bangalore – 560 042.
[Represented by Director, Mr.Deepak Sethi, Aged about 35 years, S/o Sri.Anil Sethi] (By Sri.V.Raghuraman, Advocate) AND:
1. Joint Director General of Foreign Trade, “Kendriya Sadana”, 6th Floor, C & E Wing, 17th Main Road, Koramangala, 2nd Block, Bangalore – 560 034.
2. Director General of Foreign Trade, Udyog Bhavan, H-Wing, Gate No.2, Maulana Azad Road, … Petitioner New Delhi – 110 011.
3. Union of India, Represented by the Secretary To the Ministry of Commerce, Government of India, New Delhi – 110 001. (By Sri.C.Shashikanth, ASG) … Respondents These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India, praying to quash the letter dated 24.04.2014, enclosed in Annexure – A and etc., These Petitions coming on for Preliminary Hearing in 'B' Group, this day, the Court made the following:-
ORDER Sri.V.Raghuraman, learned counsel for the petitioner.
Sri.C.Shashikanth, learned Assistant Solicitor General for respondent Nos.1 to 5.
The petitions are admitted for hearing. With the consent of learned counsel for the parties, the same are heard finally.
2. In these petitions, the petitioner inter alia has prayed for the following reliefs:
“(i) Quash by an appropriate writ or Order in the nature of Certiorari or otherwise the impugned letter dated 24.04.2014 enclosed in Annexure – A;
(ii) Quash by an appropriate writ or Order in the nature of Certiorari or otherwise Circular No.16 (RE- 2012/2009-14) dt.15.03.2014 enclosed herewith as Annexure – B;
(iii) Direct the Respondents by an appropriate writ or Order in the nature of Mandamus or otherwise, to admit and process the refund claims in terms of the provisions of the Foreign Trade Policy as applicable during the period covered under refund claim and not on the basis of the provisions as applicable w.e.f. 18.04.2013”
3. When the matter was taken up today, learned counsel for the petitioner submitted that the controversy in the instant writ petition is squarely covered by an order dated 20.03.2018 passed by this Court in ‘ACER INDIA PVT. LTD. VS. UNION OF INDIA’, 2018 (361) E.L.T. 44 (Kar.).
4. Learned Assistant Solicitor General for the respondents was unable to rebut the aforesaid submission after perusal of the aforesaid order.
5. In view of the submissions made and for the reasons assigned in the aforesaid order, Policy Circular No.16 (RE-2012/2009-14) dated 15.03.2013 is hereby quashed and respondent No.1 is directed to consider the application submitted by the petitioner seeking refund of the amount contained in Annexure-D in accordance with 2009 Foreign Trade Policy and to pass appropriate orders in accordance with law within a period of two months from the date of receipt of the certified copy of the order passed today.
Accordingly, the writ petitions are disposed of.
sd/- JUDGE dn/-