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TMI Blog2019 (11) TMI 1350X X X X Extracts X X X X X X X X Extracts X X X X ..... cation seeking permission to file the appeal. 2. Learned Senior Counsel for the appellant submitted that the appellant is the person aggrieved by the ad-interim order dated 24.10.2019 passed by the learned single Judge in W.P. Nos.114748-114750 of 2019 and therefore, the appellant ought to have been impleaded. However, the learned single Judge, in the absences of the appellant and, without realising the fact that the writ petition suffers from the vice of non-joinder of necessary parties, has passed the interim order restraining the respondents from registering the sales contract for import of Poppy seeds from China pursuant to the public notice dated 04.10.2019. It is submitted that the respondent No.1 himself has annexed the list of pers ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t No.1 before the learned single Judge and in particular Annexure-V annexed with it, it is evident that it contains the list of the persons whose applications for registration in response to the public notice dated 04.10.2019 are pending consideration. Thus, the respondent No.1 was fully aware with regard to the persons who are likely to be affected by the impugned order. By the impugned order passed by the learned single Judge, the process of registering sales contract for import of Poppy sees from China in response to the public notice has been stayed. Thus, the appellant has been adversely affect by the impugned order. The appellant has not been impleaded as a party in the writ petition and the impugned order has been passed without affo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the appellant submitted that in response to the public notice dated 04.10.2019, the appellant had submitted an application for registration of the sales contract. It is further submitted that along with an application, the respondent No.1 had filed the list of persons whose application for registration were pending and the respondent No.1 was fully aware that in case an interim order is passed, the same would be adversely affecting the persons whose applications for registration were pending in response to the public notice dated 04.10.2019. However, the appellant was not impleaded as a respondent in the writ petition deliberately. Learned Senior Counsel for the petitioner has invited the attention of this Court to the averments made in par ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dents No.2 and 3 cannot contravene the import policy and M/s. Gansu Puankang Pharmaceutical Co., Ltd. is not an authorized person and, in any case, authorization of single individual is in violation of the import policy as well as the violation of the constitutional guarantee contained in Articles 14 and 19(1)(g) of the Constitution of India. It is urged that the respondent No.1 is registered and in this connection, our attention has been invited to certificate of importer/exporter code and reference has also been made to sales contract from Turkey. It is also urged that since an ex parte interim order has been passed by the learned single Judge, this intra-court appeal should not be entertained and the appellant should be relegated to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Poppy seeds in response to the public notice dated 04.10.2019. However, the aforesaid persons were not impleaded as respondents in the writ petition. The learned single Judge has passed an ex parte order dated 24.10.2019by which the respondents have been restrained from registering the sales contract for import of Poppy seeds from China pursuant to the public notice dated 04.10.2019. 13. Since the matter is sub-judice before the learned single Judge and has come up before us only against an ex parte interim order, therefore, we do not intend to deal with the merits of the case as the same has to be dealt with by learned single Judge. However, the fact remains that the impugned order dated 24.10.2019 passed by the learned single Judge ad ..... X X X X Extracts X X X X X X X X Extracts X X X X
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