UNION OF INDIA Vs. ASIAN FOOD INDUSTRIES

JUDGEMENT

(1.) Aggrieved by the judgment and order dtd. 24/7/2018 passed by the learned Single Judge in Special Civil Application No. 19287 of 2006 whereby the learned Single Judge allowed the matter in favour of the respondents, the appellant begs to prefer this appeal under Clause 15 of the Letters Patent.

(2.) The respondent no.1 being the exporter of various kinds of pulses and cereals and other materials, received export orders from various overseas importers for import of various cereals, pulses, tuvar dal, red choli and other items. The respondent no.1 entered into a contract of 2500 metric tons approximately. The consideration of entire export is approximately 15 lakhs of USD out of which the petitioner received advance of 20%.

(3.) It is the say of the appellant that the learned Single Judge did not appreciate that a company ought to have filed the suit for recovery of the sum for damages as the factual data analysis and appreciation of evidence was a must. It is further the say of the appellant that there is nothing on the record in terms of documents to conclude and prove the facts of the petition unless they are tested the procedural level prescribed under the law for proving it at the time of trial of the suit. The authority under the guidance of the Union has power to implement the policy or the rule of import and export and some benefits or the export cannot be considered as a fundamental right.