IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 16902 of 2020 ========================================================== STAINLESS STEEL PIPES AND TUBES MANUFACTURES ASSOCIATION & 15 other(s)

Versus UNION OF INDIA & 3 other(s)

==========================================================

Appearance:

AMAL PARESH DAVE(8961) for the Petitioner(s) No.

1,10,11,12,13,14,15,16,2,3,4,5,6,7,8,9 MR PARESH M DAVE(260) for the Petitioner(s) No.

1,10,11,12,13,14,15,16,2,3,4,5,6,7,8,9 for the Respondent(s) No. 1,2,3,4 ==========================================================

CORAM: HONOURABLE MS. JUSTICE SONIA GOKANI and HONOURABLE MS. JUSTICE SANGEETA K. VISHEN Date : 06/01/2021

ORAL ORDER

(PER : HONOURABLE MS. JUSTICE SONIA GOKANI)

1. The petitioners are before this Court seeking following prayers:

“15.

(A) That Your Lordships may be pleased to issue a Writ of Mandamus or any other appropriate writ, direction or order, thereby holding and declaring that conditions and requirements under Clause 2(c) of the Steel and Steel Products (Quality Control) Order, 2020 dated 17^th July, 2020 are invalid, unauthorized and inapplicable for the goods at Sl.No.2 of Table-2 of this Steel and Steel Products (Quality Control) Order, 2020 dated 17^th July, 2020; and be further pleased to quash and set aside Clause 2(c) of the QCO dated 17^th July, 2020 by striking down the Clause 2(c) of the QCO dated 17^th July, 2020 as ultravires Section 16 of the BIS Act, 2016;

(B) That Your Lordships may be pleased to issue a Writ of Prohibition or writ or order or direction completely and permanently prohibiting the Respondents, their servants and agents from applying and implementing requirements and conditions of Clause 2(c) of Steel and Steel Products (Quality Control) Order, 2020 dated 17^th July, 2020 for the goods specified at Sl.No.2 of Table-2 thereof in respect of input material of the goods specified at Sl.No.2 of Table-2 of the said Quality Control Order;

(C) That Your Lordships may be pleased to issue a Writ of Mandamus or any other appropriate writ, direction or order directing the Ministry of Finance and also the CBIC, New Delhi to direct the Custom authorities not to hold back consignments of seamless SS pipe (hot finished) hollow classified under ITC HS Code No.73044900 imported by the Petitioners herein and to allow clearance of such raw materials without undue delay on payment of import duties assessed thereon;

(D) Pending hearing and final disposal of the present petition, Your Lordships may be pleased to stay operation and implementation of clause 2(c) of Steel and Steel Products (Quality Control) Order, 2020 dated 17^th July, 2020;

(E) Pending hearing and final disposal of the present petition, Your Lordships may be pleased to direct the Respondent Nos.3 and 4 herein to allow clearance of Mother Hollow/Mother pipes imported by the Petitioners by assessing Bills of Entry filed for such imported goods forthwith, without keeping assessment of such Bills of Entry and clearance of such imported goods pending;

(F) An ex-parte ad-interim relief in terms of paras 15 (D) and (E) above may kindly be granted.

(G) Any other further relief that may be deemed fit in the facts and circumstances of the case may also please be granted.”

2. The association is for the purpose of promoting trading, dealing and manufacturing of stainless steel pipes, tubes, which is aggrieved by the Quality Control Order (hereinafter referred to as “QCO”) dated 17.07.2020 on the ground that the conditions and requirements laid down not only is impermissible under Section 16 of the Bureau of Indian Standards Act, 2016, but it also does not allow reasonable breathing time by providing a window to the trade and industry for adjusting to the new requirements. It is further the grievance of the petitioners that the production of the final products by the petitioners in India is 65000 MT on yearly basis whereas the availability of the raw material required is only 26000 MT in the local ma