9911796707
TMI Blog2024 (2) TMI 877X X X X Extracts X X X X X X X X Extracts X X X X ..... A. No. 2 of 2023 in/and W.P. No.25933 of 2023. Briefly stated, the material facts are as under: The petitioner claims to be a company incorporated under the Companies Act with the objective of carrying out the business of procurement and export of rice. As a part of its business transactions, the petitioner claimed that it had entered into contracts with foreign buyers for supply of non-basmati Indian white rice. The contracts are stated to have been entered into on 13.07.2023 for supply of 3900 MTs of rice, on 10.07.2023 for supply of 10,000 MTs of rice and on 11.07.2023 for supply of 5000 MTs of non-basmati Indian white rice. It is stated that the supplies as per the contracts entered into between the petitioner and the foreign buyers w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Customs before this Notification and is registered in their system/ where Non-basmati rice consignment has entered the Customs Station for exportation before this Notification and is registered in the electronic systems of the concerned Custodian of the Customs Station with verifiable evidence of date and time stamping of these commodities having entered the Customs Station prior to 20.07.2023. The period of export shall be upto 31.08.2023. iv) Export will be allowed on the basis of permission granted by the Government of India to other countries to meet their food security needs and based on the request of their Government." A trade notice bearing No.23/2023, dated 18.08.2023, came to be issued clarifying that conditions (i), (ii) and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der three contracts all of which were entered into between the petitioner and the foreign buyers before issuance of the impugned notification, dated 20.07.2023. 4. The learned single Judge, while allowing I.A. No. 2 of 2023 observed that the restrictions operated retrospectively and impeded the traders from honouring their obligations which were impermissible, being violative of doctrine of legitimate expectation and in that view of the matter, the learned single Judge proceeded to modify the interim order, dated 19.10.2023, passed in I.A. No. 1 of 2023 and permitted the petitioner to export 18,900 MTs of the said rice in terms of the concluded contracts. At that stage, a statement was made by learned counsel for the petitioner that in vi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... permitted as an interim measure the export of rice, which was stored in the godowns of such petitioners, yet by virtue of the judgment and order impugned in the present Appeal, the learned single Judge appears to have permitted the export of the entire quantity of 18,900 MTs of the said rice which was otherwise a subject matter of contract between the petitioner and the foreign buyers, which, in our opinion, runs contrary to the notification, which was impugned in the writ petition, on which a view had to be expressed and the notification impugned had to be either upheld or set aside, which did not happen in the present case, in view of the fact that after obtaining the interim relief, the petitioner very conveniently sought to withdraw th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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