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2013 Supreme(Mad) 1598

R.SUDHAKAR
Hoewitzer Organic Chemical Co, Rep. by its Proprietor, Chennai – Appellant
Versus
Director General of Foreign Trade Ministry of Commerce, New Delhi – Respondent


Advocates Appeared:
For the Petitioner:Arvind P. Datar, Senior Counsel for N. Viswanathan, Advocate.
For the Respondent: R1, R3, D. Vijayakumar, ACGSC, R4, R5, T.S. Rajamohan, Standing Counsel.

JUDGMENT

1. The petitioner seeks issuance of a writ of Mandamus directing the respondents herein to accept the transferable DFIA license issued under Standard Input Output Norms (SION) E1 & E5 as clarified in circular dated 31.7.2008 read with policy circular No.72/2008, dated 24.3.2009 issued by the first respondent herein, which permits the import of lactose as an alternative for sugar and without application of the circulars dated 23.9.2010 and 31.1.2011 issued by the first respondent herein, by holding that the rights accrued under the license on the date of its issue shall govern the import of goods permitted under the license within the validity period of the said license and consequently direct the 5th respondent to assess and clear the impugned goods covered under Bill of Entry No.7590365, dated 6.8.2012 against the transferred license by extending the benefit of Notification No.98/2009, dated 11.9.2009 as amended.

2. The brief facts culled out from the pleadings of the parties are as under. The petitioner is a proprietorship concern. They import various items used in pharmaceutical, beverage, food and other industries. In the course of business, they have entered into an ag














































































































































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