ESSAR STEEL LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) THESE two matters were originally placed before the Division Bench (Coram : -

(2.) THE reasons for granting the ad -interim relief are as under : -

(3.) THE petitioners in both these petitions have prayed for writ of mandamus restraining the respondents from levying and demanding export duty for supplies of Iron Ore Pellets made by the Vizag Pellet Unit of the petitioner in Special Civil Application No. 9656 of 2008 to the Special Economic Zone unit of the Company located at Essar Special Economic Zone, Hazira, Surat and for supplies of Iron Ore Pellets and Calibrated Lump Ore by the petitioner of Special Civil Application No. 9713 of 2008 to the SEZ unit of the Company located at Essar Special Economic Zone, Hazira, Surat. The petitioners have also prayed for quashing and setting aside letter dated 30 -6 -2008 of the respondent No. 3 at Annexure O, letter dated 8 -7 -2008 of the respondent No.4 at Annexure P and letter dated 9 -7 -2008 at Annexure R, in each of these petitions. By way of an interim relief, the petitioners have prayed for suspension of the operation and implementation of letters dated 30 -6 -2008, 8 -7 -2008 and 9 -7 -2008 of the respondents and directing them to continue the arrangement regarding supply of goods to the SEZ unit as contained in the letter dated 1 -2 -2008 at Annexure F to the petition. Alternatively, the petitioners have prayed for stay against respondent No. 4 restraining him from refusing admission/entry of goods supplied by the petitioner being a Domestic Tariff Area Unit, to the SEZ unit of Essar Steel Limited only on the ground of non -payment of export duty.