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2016 (11) TMI 502

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..... se circumstances, we pass orders similar to those passed in Harsh International namely that during the pendency of the present proceedings, the petitioner shall stand exempted from the operation of the 2011 Rules on the understanding that it shall strictly abide by all the terms contained in the undertaking furnished by it in terms of its Affidavit dated 28th July, 2015 - petition allowed - decided in favor of petitioner. - Writ Petition (C) No. 471 of 2015 - - - Dated:- 18-7-2016 - Kurian Joseph and Rohinton Fali Nariman, JJ. Shri Sudhir Chandra T.R. Andhyarujina, Sr. Advocates, Sanjai Kumar Pathak, Pravin H. Parekh, Lalit Chauhan, Ms. Ritika Sethi and Abhishekh Deshmukh, M/s. Parekh Co., Advocates with them, for the Petitioner .....

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..... tes that the facts that obtain in the present petition are in pari materia with and materially identical to those which existed in the Writ Petition No. 466 of 2011 titled Baba Global Ltd. v. Union of India . The petitioner before us is also a 100% export oriented unit exporting Pan Masala, Gutkha and Tobacco across the globe. In Baba Global Ltd. by Order dated 3-9-2013 this Court had taken note of sundry undertakings given by the petitioner therein, the principal one of which was that no part of the production would be sold or released in the local market in India. The petitioner before us has filed a similar undertaking and has assured the Court that it will abide by all the terms of the undertaking. Baba Global Ltd. was finally disposed .....

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..... granted. List the case on 20-1-2014. In the meanwhile, Petitioner No. 1 shall be exempted from the operation of the Plastic Wastes (Management and Handling) Rules, 2011 It is evident therefore that a Writ Petition under Article 32 of the Constitution filed by Baba Global Ltd. has been finally disposed of by permitting the 100% export of Pan Masala, Gutkha and Tobacco in multilayered plastic sachet; and in Harsh International interim orders have been passed exempting the writ petitioner from the operation of the said 2011 Rules. We think it is imperative to impart parity to all the writ petitioners before us. In these circumstances, we pass orders similar to those passed in Harsh International namely that during the pendency of .....

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