MARINE FINS Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Sri.M.A.Abdul Hakhim, the learned counsel appearing for the appellant. Also heard Sri.Jaishankar V. Nair, the learned Central Government Counsel, appearing for the respondents.

(2.) This case is posted before us on account of the order passed by the Supreme Court on 16.1.2019, in the Civil Appeal No.830 of 2019. The litigation in this Court was initiated by the aggrieved exporter of Shark Fins, to challenge the ban on export of Shark Fins of all the species of Sharks, imposed through notification dated 6.2.2015 (Ext.P3). While the learned Single Judge as well as the Division Bench, upheld the ban notification, in paragraph 65 of the judgment dated 29.5.2018, the Division Bench had observed that the exporter can clear the fin stock accumulated until 31.12.2017. This part of the judgment was challenged by the union of India, which led to the recent order dated 16.1.2019 by the Supreme Court.

(3.) The learned counsel Sri. M.A. Abdul Hakkim would point out that the direction in paragraph 65 was issued on the basis of the I.A. No.267 of 2018, where the appellant had indicated that the exporter had accumulated stock to the extent of 6442 Kgs of dried Shark Fins and those be permitted to be exported, in terms of the liberty granted by the Division Bench in the judgment dated 29.5.2018.