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2018 Supreme(Bom) 992

S.C.DHARMADHIKARI, BHARATI H.DANGRE
Taj Agro Commodities Pvt. Ltd. – Appellant
Versus
Union of India through The Joint Secretary, Ministry of Commerce – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Vikram Nankani, senior counsel with Mr. Prithwiraj Chaudhary i/b Ms. Sharon Patole, Mr. V. Sridharan, senior counsel with Mr. Prakash Shah, Ms. Laxmi Menon, Mr. Prasad Paranjape, Mr. V.A. Thorat, senior counsel with Ms. Prachi Tatke i/b Kamlesh Tiwari, Mr. Shyam Dewani with Mr. Chirag Chanani i/b Dewani and Associates.
For the Respondent: Mr. Pradeep S. Jetly with Mr. Y.R. Mishra and Mr. D.P. Singh, Mr. Karan Adhik with Mr. Ram Ochani.

JUDGMENT :

S.C. DHARMADHIKARI, J.

1. In Writ Petition (L) No. 1810 of 2018, an affidavit is filed and a stand, which is stated to be a common one in all the petitions, is taken. Since we have heard the parties at length and extensive arguments have been canvassed, we dispose of these writ petitions finally.

2. We grant Rule in all these writ petitions. Respondents waive service.

3. The only question in these petitions under Article 226 of the Constitution of India is whether the Government of India, Ministry of Commerce and Industry, Department of Commerce, Directorate General of Foreign Trade's Notification No.4 /215-220 dated 25th April, 2018, and particularly the Policy condition No.4 therein has been creating, according to some Regional authorities of the Directorate General of Foreign Trade, a situation where clarification was required to be obtained from the Government of India and particularly the Ministry as aforesaid.

4. We will take the facts from two petitions, one of which was argued by Mr. V.A. Thorat, learned senior counsel and another by Mr. Vikram Nankani, learned senior counsel.

5 In the writ petition argued by Mr. Thorat, being Writ Petition (L) No.2079 of 2018, Shadira


































































































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