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2021 Supreme(Online)(MAD) 539

HIGH COURT OF MADRAS
THE HONOURABLE MRS. JUSTICE PUSHPA SATHYANARAYANA
Tamil Nadu Cashew Processors – Appellant
Versus
Union of India – Respondent


O R D E R

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

12.06.2019 are taken away.

2.2. It is the case of the petitioner that once a notification is issued under Section 3 of the FTDR Act read with Foreign Trade Policy, a Trade Notice cannot be issued to amend the rigor of the same. It is stated that originally there were no conditions prescribed for import of cashew kernels either broken or whole

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