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2016 (11) TMI 502 - SUPREME COURT

2016 (11) TMI 502 - SUPREME COURT - 2016 (338) E.L.T. 332 (SC) - 100% EOU - 100% export of Pan Masala, Gutkha and Tobacco in multilayered plastic sachet - exemption contained under Rule 2 of Plastic Wastes (Management & Handling) Rules, 2011 - Held 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 orde .....

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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. Shri K. Radhakrishnan, Sr. Advocate, Ms. Sushma Manchanda, H.R. Rao, Vi .....

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ing plastic. (ii) Issue writ of certiorari or any order, writ or direction in the nature of certiorari quashing the impugned Rules 5(d) and 5(g) contained in Plastic Waste (Management & Handling) Rules, 2011 as amended vide notification dated 2-7-2011; and/or (iii) Issue a writ of mandamus or any other appropriate writ, order or direction declaring Rules 5(d) and 5(g) of the Plastic Wastes (Management & Handling) Rules, 2011 as being violative of Articles 14 and 19(1)(g) of the Constitut .....

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l 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 f .....

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etween both the sets of writ petitioners. Learned Senior Counsel appearing for the respondents submits that learned Additional solicitor General was not authorised to make the Exemption Statement recorded in the Order dated 3-9-2013 since the stand is that the Ministry itself is not competent or empowered to grant any exemption. It is further submitted that for these reasons that a Review has been filed. In the course of hearing yesterday as well as today it has been vehemently contended by the .....

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