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2021 Supreme(Mad) 111

PUSHPA SATHYANARAYANA
Tamil Nadu Cashew Processors & Exporters Associated represented by its Secretary, M. Ramakrishnan – Appellant
Versus
Union of India, Ministry of Commerce and Industry, Represented by its Secretary, New Delhi – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Hariradhakrishnan, Advocate.
For the Respondent: J. Madhanagopal Rao, Central Government Standing Counsel.

JUDGMENT :

(Prayer: Writ Petitions filed under Article 226 of the Constitution of India praying for a Writ of Certiorari and call for the records pertaining to the impugned Trade Notice No.50/2019-20 dated 14.02.2020 issued by the third with the approval of the second respondent in File No.01/89/80/M-1898/AM03/PC-2[A]/P-16241) and quash the same.)

1. The question that has to be decided in the instant writ petition is whether a Trade Notification can be amended by a Trade Notice in terms of Section 3 of the Foreign Trade (Development and Regulation) Act, 1992 (in short, “the FTDR Act”).

2. The short facts relevant for the decision of this writ petition are as follows :

2.1. The second respondent - the Director General of Foreign Trade, had issued Notification No.8/2015-20, dated 12.06.2019 prohibiting the impart of broken cashew kernels and whole cashew kernels, subject to a minimum import price of Rs.680/- per kg for broken cashew kernels and Rs.720/- per kg for whole cashew kernels. Subsequently, upon instructions of the second respondent, the third respondent had issued Trade Notice No.50/2019-20, dated 14.02.2020, wherein, the rigors introduced in Notification No.8/2015-20, dated 12

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