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2026 Supreme(Mad) 694
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. M. SUBRAMANIAM, MOHAMMED SHAFFIQ, JJ.
M/s.G.G.Steels – Petitioner
Versus
Union Of India, Represented By Its Secretary, Ministry Of Finance – Respondent
W.P.Nos. 6840, 2472, 6300, 6427 of 2022, W.P.Nos.24859, 24864 of 2021,W.P.Nos.5561, 22392, 25353, 25358, 25356, 26557, 26561, 26568, 26571,,26574, 34389 and 34391 of 2023, W.P.(MD) Nos.21206 and 21211 of 2021,W.P.(MD) Nos.5566, 24076, 5564, 2497, 5565 of 2022, W.M.P.Nos.26159, 26160, 26165, 26166 of 2021, W.M.P.Nos.2634, 2635, 6518, 6905, 6394, 6398, 6517, 6906 of 2022, W.M.P.Nos.5577, 24759, 24761, 25968, 25987, 25988, 34293, 34295, 25965,,25969, 25983, 25984, 25979, 34320, 34321, 24767, 24758, 5580, 21787, 24763, 25962, 25981, 24768 of 2023,,W.M.P.(MD) Nos.17790, 17793, 17795, 17787 of 2021,W.M.P.(MD) Nos.2198, 2199, 18182, 4501, 4502 and 4503 of 2022,W.P.No.6840 of 2022
Decided On : 08-0-2026
Advocates Appeared:
For the Petitioner: Mr.B.Satish Sundar
For the Respondent: Mr.AR.L.Sundaresan, Additional Solicitor General Of India, Assisted By Mr.A.R.Sakthivel, Senior Panel Counsel
For the Petitioner: Mr.B.Satish Sundar
For the Respondent: Mr.AR.L.Sundaresan, Additional Solicitor General Of India, Assisted By Mr.A.R.Sakthivel, Senior Panel Counsel
The court affirmed that MIPs can be validly issued under the FTDR Act, with the requirement of laying the notifications before Parliament being directory, not mandatory.
Headnote:(A) Foreign Trade (Development and Regulation) Act, 1992 - Section 3(2) - Customs Act, 1962 - Section 14(2) - Impugned notifications regarding Minimum Import Price (MIP) were challenged as being ultra vires the enabling Act and for not being laid before Parliament as per Section 19(3) of the FTDR Act. The court held that the Central Government can issue notifications under Section 3(2), and the MIP notifications were valid despite the procedural violations alleged. The court found that the requirement of laying is directory and not mandatory. (Paras 3, 5, 10, 12, 14)
| Table of Content |
|---|
| 1. facts and parties involved in the writ petitions. (Para 1) |
| 2. court analysis on the validity of the notifications. (Para 4 , 4 , 8) |
| 3. arguments against the legality of notifications issued under the ftdr act. (Para 6 , 6 , 7) |
| 4. judicial interpretation of legislative intent regarding compliance with the ftdr act. (Para 11 , 12) |
| 5. final orders and conclusion regarding notification validity. (Para 15 , 16) |
ORDER :
This batch of Writ Petitions are filed challenging the following notifications, notices and orders issued pursuant thereto.
| S. No | WP No. | Prayer | Challenged Notification | Product Description |
|---|---|---|---|---|
| 1 | WP No. 6840 of 2022 | Writ of Certiorari to quash Notification imposing Minimum Import Price (MIP) under FTDR Act as arbitrary and contrary to Section 14(2) of Customs Act | Notification No. 38/2015-2020 dated 05.02.2016 read with Trade Notice No.17/2016 dated 10.02.2016 | 173 HS Codes under Chapter 72 – Iron & Steel Products |
| 2 | WP No. 25353 of 2023 | Writ of Certiorari to quash notification as arbitrary and contrary to Section 14(2) of Customs Act | Notification No. 57/2015-2020 dated 14.02.2023 | Areca Nut/Betel Nut |
| 3 | WP No. 25356 of 2023 | Writ of Certiorari to quash notification as arbitrary and contrary to Section 14(2) of Customs Act | Notification No. 109/(RE-2013)/2009-2014 dated 06.02.2015 | Cardamoms Chapter 09 ITC (HS) 2012 Schedule - 1 |
| 4 | WP No. 25358 of 2023 | Writ of Certiorari to quash notification as arbitrary and contrary to Section 14(2) of Customs Act | Notification No. 42/2015-2020 dated 06.12.2017 | Black Pepper |
| 5 | WP No. 22392 of 2023 | Writ of Certiorari to quash notification as arbitrary and contrary to Section 14(2) of Customs Act | Notification No. 05/2023 dated 08.05.2023 | Apples |
| 6 | WP No. 26568 of 2023 | Writ of Certiorari to quash notification as arbitrary and contrary to Sec.14(2) of Customs act | Notification No. 42/2015-2020 dated 06.12.2017 | Black Pepper |
| 7 | WP No. 26571 of 2023 | Writ of Certiorari to quash notification as arbitrary and contrary to Sec.14(2) of Customs act | Notification No. 57/2015-2020 dated 14.02.2023 | Areca Nut |
| 8 | WP No. 26574 of 2023 | Writ of Certiorari to quash notification as arbitrary and contrary to Sec.14(2) of Customs act | Notification No. 109/(RE-2013)/2009-2014 dated 06.02.2015 | Cardomoms |
| 9 | WP No. 2472 of 2022 | Writ of Certiorari to quash multiple DGFT notifications | Notifications Nos.42/2015-2020 dated 06.12.2017, 50/2015-2020 dated 05.02.2018, 53/2015-2020 dated 21.03.2018, and 21/2015-2020 dated 25.07.2018 | Black Pepper Garbled/ Ungarbled |
| 10 | WP No. 5561 of 2023 | Writ of Certiorari to quash multiple DGFT notifications | Notification Nos. 42/2015-2020 dated 06.12.2017, 50/2015-2020 dated 05.02.2018, 53/2015-2020 dated 21.03.2018 and 21/2015-2020 dated 25.07.2018 | Black Pepper |
| 11 | WP No. 24859 of 2021 | Writ of Certiorari to quash multiple DGFT notifications | Notifications Nos. 42/ 2015-2020 dated 06.12.2017, 50/2015- 2020 dated 05.02.2018, 53/2015- 2020 dated 21.03.2018 and 21/2015- 2020 dated 25.07.2018 | Black Pepper Garbled/Ungarb led |
| 12 | WP No. 24864 of 2021 | Writ of Certiorari to quash multiple DGFT notifications | Notifications Nos.42/2015-2020 dated 06.12.2017, 50/2015- 2020 dated 05.02.2018, 53/2015-2020 dated 21.03.2018 and 21/2015- 2020 dated 25.07.2018 | Black Pepper Garbled/Ungarb led |
| 13 | WP No. 34389 of 2023 | Writ of Certiorari to quash notification as being violative of the Foreign Trade (Development and Regulations) Act 1992 and contrary to Section 14(2) of Customs Act | Notification No. 42/2015-2020 dated 06.12.2017 as amended by 21/2015-2020 dated 25.07.2018 | Chapter 09 of ITC (HS) 2017 Schedule-I (Import policy) (MIP Rs.500/kg) |
| 14 | WP No. 34391 of 2023 | Writ of Certiorari to quash notification as being violative of the Foreign Trade (Development and Regulations) Act 1992 and contrary to Section 14(2) of Customs Act | Notification No. 42/2015-2020 dated 06.12.2017 as amended by 21/2015-2020 dated 25.07.2018 | Chapter 09 of ITC (HS) 2017 Schedule-I (Import policy) (MIP Rs.500/kg) |
| 15 | WP No. 26557 of 2023 | Writ of Certiorari to quash notification as arbitrary and contrary to Section 14(2) of Cus | ||
