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2017 Supreme(Guj) 212

MOHINDER PAL
Om Siddh Vinayak Impex Pvt. Ltd. – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Appellants : Percy Kavina, Jinesh H. Kapadia and Savan N. Pandya.
For the Respondents: Devang Vyas and Parth H. Bhatt.

JUDGMENT :

Mohinder Pal, J.

1. Rule. Learned advocates, Mr. Devang Vays and Mr. Parth Bhatt, for the respondents waive service of rule.

2. These petitions arise in a common background. They would, therefore, be disposed of by this common order.

3. Brief facts as emerging in Special Civil Application No. 6806 of 2014 are as under:

"2.1 The petitioners were granted Letter of Approval (for short, "LOA") issued by the Development Commissioner prior to publication of Special Economic Zone Act, 2005 (for short, "the Act") and Special Economic Zone Rules, 2006 (for short, "the Rule"). They are engaged in the business of sorting, segregating and grading worn and used clothing. Their LOA has been renewed from time to time and lastly it was renewed in December, 2013 and subsequently revised in May, 2014. As per the Rule 18 (4) (C), their LOA was renewed by the Board of Approval (for short, "BOA") as they were existing units. They were allowed to import worn clothing and after sorting, segregating and grading, they export clothing which is export-worthy and they earn their foreign exchange from those exports as required under Rule 53. Whatever is not export-worthy is being completely mutilated and
















































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