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2023 Supreme(Guj) 300

SONIA GOKANI, NISHA M. THAKORE
Mahansaria Tyres Private Limited – Appellant
Versus
Union Of India – Respondent


Advocates Appeared:
For the Petitioner: Mr. J.V. Niranjan with Mr. Chetan K. Pandya.
For the Respondents: Mr. Devang Vyas assisted by Ms. Maithili Mehta, Mr. Nikunt K. Raval.

JUDGMENT :

(Sonia Gokani, J.)

1. This is a petition preferred under Article 226 of the Constitution of India. The petitioner is incorporated under the provisions of the Companies Act, 1956 and its Directors are the citizens of this country, who are before this Court claiming the fundamental rights conferred under the Constitution of India. The petitioner has his factory at the cause title shown in the petition at Bharuch and through the authorized representative of the company by a resolution passed by the Board of Directors No.8/2020-2021 dated 18.12.2020 this petition has been preferred. The challenge is to the notification No.32/2015-2020 dated 20.01.2016 vide which the Natural Rubber is allowed for import only from the ports of Chennai and Nhava Sheva.

2. Brief facts in a capsulized form are as follow:

2.1 A Special Economic Zone (‘the SEZ’ hereinafter) unit was set up by the petitioner for manufacture of tyres based on letter of approval granted by the respondent No.4-The Zonal Development Commissioner, Kandla SEZ, Gandhidham, Kutch vide letter dated 02.08.2018 at Plot No.B, HBS-S

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