TMI Blog2014 (9) TMI 523X X X X Extracts X X X X X X X X Extracts X X X X ..... ot be open to committee or, for that matter, to any administrative authority to modify the policy or amend the policy. Directions in DGFT Policy Circular, to reopen the SFIS cases and to make recoveries in accordance with decisions taken at PIC meeting of 5-7-2010, is quashed and set aside. - Decided in favor of assessee - Writ Petition (L) No. 2961 of 2013 - - - Dated:- 3-12-2013 - Mohit S. Shah and M.S. Sanklecha, JJ. ORDER All that the Petitioner seeks in this writ petition is a direction to Respondent No. 2-Director General of Foreign Trade, New Delhi and Respondent No. 3-Zonal Joint Director of Foreign Trade, Mumbai to implement the directions given by this Court in the judgment dated 5/6 July, 2011 in Writ Petition No. 932 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an two years, the Respondents have not implemented the above directions in spite of the fact that the Supreme Court has passed the order dated 12 October 2012 declining to grant interim relief even after granting the SLP and admitting Civil Appeal No. 10118 of 2011 with Civil Appeal No. 10117 of 2011. 3. Learned counsel for the Petitioner also invites our attention to the subsequent communications dated 25 July, 2011 (Exhibit-G), 11 April, 2013 (Exhibit-I) and 13 May, 2013 (Exhibit-J-1). 4. When the above issues were highlighted at the hearing of this petition on 25 November 2013, learned counsel for the Respondents prayed for time to seek instructions in the matter. 5. Today, the learned counsel for the Respondents submits that tw ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ents because it was the case of the Respondents before this Court that the Petitioner should be given the amount on net basis. However, the Court did not accept the Respondents contentions and held that the Petitioner is entitled to get the amount on gross basis subject to verification by the Respondents of the Petitioner s claim to SFIS benefits on a particular factual basis which has been adverted to in the judgment. 8. We find considerable substance in the aforesaid submission being made by the counsel for the Petitioner. Therefore, we issue following interim directions : (i) The Respondents shall immediately issue the scrips for the amounts on net basis as indicated in column-4 above, subject to verification in accordance w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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