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2009 (8) TMI 771

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..... it cannot be said that the Treaty is sought to be implemented in absence of local statute - Appeal is dismissed - 8177 of 2009 - Dated:- 20-8-2009 - A.L. Dave and K.A. Puj, JJ. REPRESENTED BY : Shri R.C. Saxsena, Advocate for M/s. Trivedi & Gupta, for the Petitioner. [Order per : A.L. Dave, J. (Oral)]. - By this petition under Article 226 of the Constitution of India, the petitioners seek fol .....

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..... enforcing the impugned orders. (D) Your Lordships may be pleased to stay the enforcement of the impugned order against petitioner No. 1 pending disposal of the petition. (E) Your Lordships will be pleased to grant any other appropriate relief, pass any such and further order in the interest of justice. 2. Heard learned advocate Mr. R.C. Saxsena, appearing for M/s. Trivedi & Gupta, for the .....

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..... reaty so as to bind the citizen of India. Mr. Saxsena submitted that licences were issued to the petitioners for export and import of these very goods by the respondent authorities themselves and, therefore, also in absence of a domestic statute, they cannot penalise the petitioners. 4. We have given a thoughtful consideration to the submissions made by Mr. Saxsena. The petitioners challenge .....

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..... ute. The entire petition is, therefore, founded on an erroneous belief or is an attempt on the part of the petitioners to circumvent the provisions under the garb of challenge to the provisions of the Export Policy, as being constitutionally invalid. 5. A reference to the order dated 15th/20th April, 2005 (Annexure-D), particularly paragraphs 3 & 4, is the clear answer to the contention t .....

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