T T LTD Vs. UOI & ANR

JUDGEMENT

(1.) The petition impugns the Notification No.8(RE 2006)/2004-2009 dated 12th June, 2006 of the Directorate General of Foreign Trade, Government of India, issued in exercise of powers conferred by Section 5 of the Foreign Trade (Development & Regulation) Act, 1992 read with paragraph 1.3. and paragraph 3.7.8 of the Foreign Trade Policy, 2004-2009.

(2.) Notice of the petition was issued. A counter affidavit dated 4th February, 2010 has been filed by the Directorate General of Foreign Trade, Ministry of Commerce and Industry, Government of India. Rule DB was issued on 8th February, 2010.

(3.) On the last date of hearing i.e. 7th April, 2015, the counsel for the petitioner stated that the High Court of Punjab and Haryana vide judgment dated 20th May, 2009 in W.P.(C) No.5344/2007 titled Escorts Ltd. Vs. Union of India has held the notification impugned in this petition to be ultra vires so far as it gives retrospective effect. It was the contention of the counsel for the petitioner on that date, that the present petition be also disposed of in terms of the said judgment of the High Court of Punjab and Haryana. The matter was adjourned to today on the request of the counsel for the respondents.