TMI Blog2023 (7) TMI 644X X X X Extracts X X X X X X X X Extracts X X X X ..... ght or Constitutional rights. Certainly, this Court in exercise of jurisdiction under Article 226 of the Constitution would pass orders which are purely executory - In the present case, this Court had already adjudicated the writ petition filed by the petitioner in terms of a detailed order. All consequences under the order stand crystallized. In the event, there is any intentional breach or disobedience of the orders passed by this Court, the remedy for the petitioner was to file a contempt petition. In the absence of any intentional or deliberate disobedience, the remedy available for the petitioner is to execute the orders passed by the Court in execution proceedings, as provided in Rule 647 of contained in chapter XXXIII of the Bombay H ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eral of Foreign Trade, dated 23rd October, 2018. The affidavit of Mr. Jai Pal, inter alia, refers to the fact that out of these 41 Advance Licenses which are subject matter of this Petition, 29 licenses had been cancelled by Dy. Director General of Foreign Trade on 24th February, 1997/ 9th April, 1997. The affidavit also refers to the fact that the order dated 24th February, 1997/ 9th April, 1997 have been challenged and an appeal by the Petitioner before the Additional Director General of Foreign Trade is pending. 11. We find from the annexure of Ex. N to the Petition, that the Petitioner s appeal from the order dated 24th February, 1997/ 9th April, 1997 of the Deputy Director General of Foreign Trade was last heard by the Appellate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Foreign Trade reads thus: ORDER 1. The Cancellation Order/Order-in-Original No. 21/96- 97/CAN/ECA/MUM dated 24.02.1997 passed by the Deputy Director General of Foreign Trade, Mumbai is set aside. 2. Case is remanded back to Adjudicating Authority for revalidation of this Advance Licenses:- (a) Original Advance Licenses, DEEC Book (Import and Export) along with their enclosures. (b) Utilization Report from the Customs Authorities against all the Advance Licenses. (c) Letter from Customs Authority certifying the duration during which the Advance Licenses were kept in their custody. (d) Amount of duty foregone against individual Advance Licence. 3. The appellant to approach Custom Authority s for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of India directing the Respondents Nos. 1 to 4, to release the applicable rate of accrued interest i.e. prime lending rate prevalent in year 1995 pertaining to 41 licenses (as calculated in Exhibit Q hereto) to Petitioner in compliance with prayer (a) of the earlier petition. (c) For and order and injunction of this Hon ble Court pending the hearing and final disposal of the present Petition, directing the Respondents to forthwith comply with the directions in order passed by this Hon ble Court dated 24th October 2018 and the DGFT. (d) for ad interim reliefs in terms of prayer clause (c) above; (e) for costs; (f) for such further and other reliefs as the nature and circumstances of the case may require. 5 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o be noted which reads thus: 1. Mr. Walve states that he has shared a note on the status of each of the license of Petitioner to Petitioner and Respondent. Mr. Walve states that if the representatives of Petitioner and Respondent could sit with him to discuss the note, perhaps, the matter could be resolved. Mr. Shroof is agreeable to that. So also Mr. Mishra. 2. At this stage, Mr. Shroff pointed out that on the last occasion, the learned ASG has tendered Affidavit of one Onkar Nath Singh, affirmed on 19th October, 2022, in which certain allegations have been made basically re-digging the past and those are not subject matter of this Petition. Mr. Shroff states that this Petition came to be filed in view of the statement of Respon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sdiction of this Court under Article 226 of the Constitution, it may not be possible for this Court to exercise any executory jurisdiction. Article 226 of the Constitution would confer powers of judicial review on the High Court, to issue appropriate writs, when the aggrieved petitioners seek redressal in regard to infringement of any legal right or Constitutional rights. Certainly, this Court in exercise of jurisdiction under Article 226 of the Constitution would pass orders which are purely executory. In the present case, this Court had already adjudicated the writ petition filed by the petitioner in terms of a detailed order. All consequences under the order stand crystallized. In the event, there is any intentional breach or disobedienc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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