Rk Agroexport Private Limited vs Union of India

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 4424

VIBHU BAKHRU, AMIT MAHAJAN
Rk Agroexport Private Limited – Appellant
Versus
Union of India – Respondent

Advocates appeared:
Mr. Sonal Jain & Ms. Kajal Sharma, Advocates, for the Petitioner.
Mr. Asheesh Jain, CGSC with Mr. Gaurav Kumar & Ms. Ankita Kedia, Advocates with Mr. Anirudh Shukla, GP, for R-1, 4 & 5.
Mr. Satish Kumar, Senior Standing Counsel alongwith Mr. Atri Mandal, Advocate on behalf of R-2 & 3.

JUDGMENT

Vibhu Bakhru, J. (Oral)

CM APPL. 24118/2023a

1. The petitioner has filed the present application praying that the hearing fixed on 08.08.2023, be advanced.

2. For the reasons stated in the application, the same is allowed.

3. With the consent of counsel for the parties, the petition is taken up for hearing. The date already fixed, that is, 08.08.2023, stands cancelled.

W.P.(C) 1184/2021

4. The petitioner has filed the present petition impugning an order dated 10.10.2019, passed by respondent No. 3 and an order dated 22.11.2019, passed by respondent No. 5 (hereafter `impugned orders').

5. In terms of the impugned orders, the petitioner has been denied the benefit of Merchandise Exports from India Scheme (hereafter `MEIS') in respect of certain Shipping Bills (13 in number) as contemplated under the Foreign Trade Policy, 2015-2020. The petitioner has been denied the said benefit for the reasons that the petitioner had checked the box `N' (for No) instead of `Y' (for Yes) in the reward column pertaining to MEIS. The petitioner claims that the same is an inadvertent error. The petitioner had sought to correct the said mistake, however, the same was not permitted.

6. Mr. Ash