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2011 (1) TMI 707 - HC - Indian LawsClassification of exporters into ‘member exporters’ and ‘registered exporters - Writ petition against AEPC even if AEPC is not state - Held that:- when a private body exercises its public functions even if it is not a State, the aggrieved person has a remedy not only under the ordinary law but also under the Constitution, by way of a writ petition under Article 226. Regarding appeal before Company Law Board (CLB) - Held that:- the challenge to the validity of the Membership Regulations cannot be raised before the CLB in a petition before the CLB under Section 111 of the CA. Distinction between ‘Registered’ Exporters and ‘Member’ - Held that:- the Regulations of Membership made by the AEPC to the extent they are inconsistent with the Exim Policy are unconstitutional and ultra vires para 13.8 read with para 13.7 of the Exim Policy (effective from 1st April 1997 to 31st March 2002). They are accordingly, struck down as such. Any further amendments made to the AOA of the AEPC to bring about the classification of exporters into ‘member exporters’ and ‘registered exporters’, granting them different rights and privileges, will stand invalidated for the above reasons.
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