TMI Blog2020 (5) TMI 329X X X X Extracts X X X X X X X X Extracts X X X X ..... that when a decision is taken in the future for allocation of 1.4 LMT of imported RPC, the higher capacity is considered, to its benefit. Clearly, such a relief cannot be claimed by means of an application in a writ petition which is challenging a decision already taken in February, 2020. Moreover, this could open a pandora s box as others may have similar wish lists or grievances qua the conditions and modalities. Further, any variation in the conditions cannot be considered in the absence of the other players who are as of now not known as the last date for submission of applications is 05.05.2020. The scope of the writ petition cannot be permitted to be expanded so as to convert it almost into a Public Interest Litigation to question th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s have been granted an opportunity to file their replies thereto. That application was heard on 18.02.2020, but no interim relief was granted. The following relief was inter alia claimed in the said application: - a. Direct the Respondent No.1 to allocate Raw Petroleum Coke to the Petitioner commensurate to its total installed capacity of 330,000 MT created prior to 9.10.18 for the current fiscal year and for the fiscal year 2020 - 2021 during the pendency of the present Writ Petition; 3. Thus, it can be seen that the two applications are materially the same and is also for the financial year 2020-21 and during the pendency of the prior application in which a response is awaited, the instant application cannot be considered. The o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Control Board dated 29.11.2018 and that, in any case, the latest CTO also recorded this enhanced capacity of the applicant/petitioner at 3.3. LMT. It was also submitted that the respondent/DGFT, had whimsically fixed the date of 09.10.2018 as the date on which the capacities were to be considered and to have further rejected the claim of the applicant/petitioner that its production capacity was not 2 LMT but 3.3 LMT only because the CTO was dated post 09.10.2018. Learned Senior Counsel relied on other documents placed on the record such as the Inspection Report of the State Bank of India and the Consortium of Lenders led by Exim Bank to submit that way back in July, 2018 the capacity to produce CPC had been enhanced from 2 LMT to 3.2 LMT an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it petition. This Court is, however, of the view, that since the CM Appl. No.6515/2020 is still pending consideration, the question of maintainability need not be discussed now. Nevertheless, the question, whether the instant application is maintainable, remains. This court raised the query regarding maintainability in view of the fact that the present writ petition has been filed challenging an order passed by the DGFT in February, 2020 rejecting the plea of the applicant/petitioner to consider the production capacity of 3.3 LMT for allocation of RPC after the matter was remanded by this court while disposing of W.P.(C) No.4485/2019 which had also been filed against the decision of the DGFT to allocate RPC based on the capacity of 2 LMT. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this issue qua the Public Notice dated 17.04.2018, it is in effect seeking a variation of this condition relating to the production capacity, as on 09.10.2018, so that when a decision is taken in the future for allocation of 1.4 LMT of imported RPC, the higher capacity is considered, to its benefit. Clearly, such a relief cannot be claimed by means of an application in a writ petition which is challenging a decision already taken in February, 2020. Moreover, this could open a pandora s box as others may have similar wish lists or grievances qua the conditions and modalities. Further, any variation in the conditions cannot be considered in the absence of the other players who are as of now not known as the last date for submission of applica ..... X X X X Extracts X X X X X X X X Extracts X X X X
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