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2023 Supreme(Cal) 1321

TAPABRATA CHAKRABORTY, PARTHA SARATHI CHATTERJEE
AI Champdany Industries Limited – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Joydip Kar, Sabyasachi Chaudhury, Siddhartha Banerjee, Abhijit Guha Roy, Deborshi Das, Shounak Mukhopadhyay.
For the Respondents: Indrajeet Dasgupta, Dibashis Basu, Rima Biswas, Arun Bandyopadhyay, Saikat Chatterjee, Rahul Karmakar, Surya Prasad Chattopadhyay. Suddhasatva Banerjee, Cedric Fernandez, Rajdeep Mantha.

JUDGMENT :

TAPABRATA CHAKRABORTY, J.

1. The present appeal has been preferred by AI Champdany Industries Limited (hereinafter referred to as the Company) and its functionary challenging an order dated 31st January, 2018 passed in a writ petition being W.P. 2319 (W) of 2016 refusing to interfere with the orders dated 8th July, 2015 and 19th /20th November, 2015 passed by the Under Secretary to the Government of India, Ministry of Textiles pursuant to the order dated 6th May, 2015 passed in a writ petition being W.P. 5365 (W) of 2010.

2. The appellants preferred the writ petition being W.P. 2319 (W) of 2016 stating inter-alia that the respondent no. 1 (hereinafter referred to as UOI) with effect from 8th February, 1989 introduced the External Market Assistance Scheme (hereinafter referred to as ‘the EMA scheme’) with the basic object of boosting exports of jute goods from India. Under the EMA Scheme, market assistance is provided at a specified rate on export of specified jute products. The EMA scheme since its inception has got extension and has undergone modification from time to time and was valid till 31st March, 2007. By a notification dated 25th September, 1998, food grade jute pr

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