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2012 Supreme(Guj) 318

BHASKAR BHATTACHARYA, J.B.PARDIWALA
Cargill India – Appellant
Versus
Union of India – Respondent


Advocates:
Appearance :
Mr. Madhav Rao with Mr. Manish Jain with Mr. A.P. Nainawati, for the Petitioners in SCA No. 1051/12.
Mr. G.L. Rawal with Mr. Dipen Desai, with Ms. Vyoma K. Jhaveri, for the Petitioners in SCA Nos. 1560/12, 1564/12, 2170/12, 2171/12, 2451/12, 2453/12, 2454/12, 2563/12, 2995/12, 3024/12.
Mr. P.A. Medh, for the Petitioners in SCA Nos. 2745/12 and 2989/12.
Mr. P.S. Champaneri, for the Respondent No. 1.
Mr. Y.N. Ravani, for the Respondents No. 2-4.

Judgment

Bhaskar Bhattacharya, CJ.—All these Special Civil Applications were heard together as the point involved in all these writ-applications are of similar nature. We, however, propose to narrate the fact from Special Civil Application No. 1051 of 2012 filed by Cargill India Private Ltd.

2. By this writ-application, the writ-petitioner, an importer, has prayed for the following reliefs:

“[a] Admit the Petition and call for the records and proceedings of this case.

[b] A Writ of and/or in the nature of Mandamus directing and commanding the Respondents, each of them, their subordinates and officers to act in accordance with law without discrimination and to allow the Petitioner to process the imported consignment of Crude Palm Oil (Edible Grade) under Bill of Entry Nos. 5580614 dated 27.12.2011 to conform to the standards laid down under Food Safety and Standards Act, 2006 and the applicable Regulations and upon such processing to permit the clearance thereof in such time and manner as may be permitted;

[c] Injunction restraining the Respondents and each of them their officers and subordinates from causing any delay or further delays in allowing the Petitioner to process the imported



















































































































































































































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