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TATA TELESERVICES (MAHARASHTRA) LTD. Versus UNION OF INDIA

2015 (9) TMI 667 - BOMBAY HIGH COURT

Entitlement of benefit of exports made by its sister concern – Grant of EODC – Encashment of bank guarantee – Present Court held that petitioners were entitled to benefit of exports made by its sister concern – Though petitioners in pursuance to orde .....

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ers as petitioners have not submitted Export Obligation Discharge Certificate – Held that:- Respondent-2 and 3 and respondent-4 are all organs of Union of India – If one organ of Union of India does not comply with orders passed by this Court, other .....

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n other hand, respondent-2 and 3 are trying to take benefit of non-compliance by respondent-4 of order – In view of matter, petitioners have made out case for grant of ad-interim relief – Decided in favour of petitioner. - Writ Petition (LODG.) No. 9 .....

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for the Respondent. ORDER Issue notice, returnable on 24th April, 2015 Mr. Jetly waives service of notice for Respondent Nos. 1, 2 and 3. Mrs. Masurkar waives service of notice for Respondent Nos. 4 and 5. Humdast granted for Respondent No. 6 2.&ems .....

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n the parties on earlier occasion. The petitioners had imported certain material. Under the policy framed by the Union of India, the petitioners were entitled to certain benefits if the company or the sister concern makes exports in the ratio of eigh .....

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Petition No. 2374 of 2011 as well as Writ Petition No. 2003 of 2011. This Court found that the order passed by respondent No. 2 was not a speaking order and as such, remanded the matter for fresh consideration. Even after remand respondent No. 2 conf .....

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benefit of exports made by its sister concern. It held that in view of the clarification dated 11th November, 2008 by the Directorate General of Foreign Trade, the petitioners would fall even in the parameters/criteria involved in para 9.28 of the po .....

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 In the meantime, respondent Nos. 1 to 3 have addressed a communication to Respondent No. 6 for encashment of one of the bank guarantees submitted by the petitioners for an amount of ₹ 1 crore. 5. Mr. Jetly submits that since the peti .....

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