SHELL EXPORTS KANDLA Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule. Learned Standing Counsel Shri Jitendra Malkan waives service of Rule for the respondents. Heard learned Counsel for the parties.

(2.) The petitioner - M/s. Shell Exports (Kandla) is a Partnership firm engaged in the business of manufacture and Export of Made-ups and ready-made Garments, having its unit at Kandla Special Economic Zone (for short "SEZ"), has filed this petition under Article 226 of the Constitution and prayed that the impugned orders dated 1.7.2003 (Annexure : A) and 9/10.6.2003 (Annexure : B) passed by the respondent No.2 be quashed and set aside. The petitioner has also prayed for issuance of writ of mandamus or direction, issuing direction to the respondent to grant Duty Entitlement Pass-Book (for short "DEPB Entitlement") as per its Application for the period from 5.6.2002 to 31.3.2002 as per Export and Import Policy 2002-2007, vide Notification dated 5.6.2002.

(3.) The Government of India, Ministry of Commerce & Industries, issued Notification No.1/2002-07 dated 31.3.2002 in exercise of powers conferred u/s.5 of the Foreign Trade (Development and Regulation Act, 1992 (No.22 of 1992) read with Paragraph 1.1 of the Export and Import Policy, 2002-07, notifying the Export & Import Policy 2002-07 as contained in Annexure to it. The said policy was to come into force with effect from 1.4.2002. The duration period of the said policy is 5 years commencing from 1.4.2002 to 31.3.2007 as provided in clause :1.1 of Chapter : I of the said policy. There are 4 objectives in clause : 1.4 of the Policy which are as under : 1.4 The Principal objectives of this policy are :