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2023 (11) TMI 1231 - HC - CustomsChallenge the issuance of Notification No. 20/2023 - exporters precluded from exporting Non-Basmati White Rice - entered into contracts with foreign entities prior to issuance of the notification - HELD THAT:- The contracts entered into by the petitioners prior to 20.07.2023 are on the premise that the export of Non-Basmati White Rice was permitted. Prima-facie, since the petitioners had entered into the contracts prior to 20.07.2023 when the export of Non-Basmati White Rice was permissible and as we find that the exemptions granted exclude the petitioners who had acted on the basis of the existing policy, following the interim order passed by the Andhra Pradesh High Court in the case of Shri Chitra Agri Exports & Others Versus Union of India & Others[2022 (10) TMI 1221 - ANDHRA PRADESH HIGH COURT], we are inclined to issue a similar direction. Accordingly, it is directed that the respondents shall permit the petitioners to export Non-Basmati White Rice that was stored by the petitioners at the concerned warehouses prior to 20.07.2023. This arrangement would be subject to outcome of the writ petition. The petitioners shall not claim any equity in this regard. It is made clear that in case the petitioners fail in the writ petition, the respondents would be free to take recourse to the provisions of the Customs Act, 1962 and especially Sections 113(D) and 114 thereof.
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