LAL MAHAL LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) VIDE notification dated 24.1.2008 issued by the Director General, Foreign Trade, prohibition on the export of non -basmati rice was lifted to the extent that 25,000 MT of such rice was allowed to be exported through three Public Sector Undertakings (PSUs) i.e. MMTC, STC and PEC. The petitioners before this Court entered into separate tripartite agreements with the overseas buyers and one of the PSUs named in the notification and exported rice in terms of the said tripartite agreement.

(2.) IN case of Amira Foods (India) Ltd., the petitioner in W.P(C) No.3132/2011, after issuance of memorandum dated 10.11.2010, W.P(C) No. 8295/2010 was filed by the said petitioner seeking withdrawal of the blacklisting order as also the subsequent order/ letter dated 29.11.2010 cancelling the IPQC Certificate granted to it. The said writ petition was disposed of on 14.2.2011 by passing an order identical to the order passed in W.P(C) No.8325/2010 filed by Emmsons International Ltd. A show cause notice was thereafter issued to the said petitioner and after considering its reply, an order dated 25.4.2011 was passed, reviving the earlier order dated 10.11.2010. Being aggrieved, the aforesaid petitioner is impugning the memorandum dated 10.11.2010 as well as the order dated 25.4.2011.

(3.) AFTER extensive arguments, the learned counsel for the petitioners in W.P(C) Nos.773/2011 and 3132/2011 states that the petitioners would be satisfied, if without adjudicating upon the other contentions raised in the petitions, the duration of the order dated 10.11.2010 read with the order dated in W.P(C) No.773/2011 and order in W.P(C) No.773/2011 is limited to a particular period. He further submits that since the debarring order applies only to dealings with three (3) PSUs, namely, MMTC, STC and PEC, the Court may also clarify that the petitioner is not debarred from dealing with Government of India or PSUs other than the above named three PSUs, nor would the order dated 10.11.2010 read with order dated 25.04.2013 have any bearing on its dealings with private persons. He also submits that the aforesaid order should not be held against any other sister concerned of the petitioner -companies. Identical statement is made by the learned counsel for Emmsons International Ltd, the petitioner in W.P(C) No.3132/2011.