VAAS EXPORTS Vs. DIRECTOR GENERAL OF FOREIGN TRADE

JUDGEMENT

(1.) Heard Mr. N. Dilip Kumar, learned counsel appearing for the petitioner and Mr. C. Arul Vadivel @ Sekar, learned Assistant Solicitor General of India appearing for the respondents.

(2.) These writ petitions are filed by the same party, and the buyers under the contract of export are different and hence the common order is passed.

(3.) The petitioner's partnership firm has been carrying on business of export of commodities like Salt and Maize since 1993. The first respondent by virtue of the Foreign Trade Policy of the Government of India, has announced certain conditions as to export of Maize and in these years. As per the said policy, which has been consistently followed by the Government, the export of Maize has been freely allowed without any restrictions. It was because of the erstwhile policy of the Government, the farmers have increased their cultivation in respect of Maize in States like Tamil Nadu, Karnataka and Andhra Pradesh. According to the petitioner, Maize is not a staple food for the people and it is used as a poultry feed. It is based on the said Policy, the petitioner's firm stated to have entered into the contract with foreign buyers M/s. Hapiways Management Services Pvt. Ltd., Singapore, on 09-05-2008, for shipment of 4000 MT of Indian Yellow Maize to Colombo during June 2008 to July 2008. Pursuant to the contract entered by the petitioner with the foreign buyers, the petitioner has procured Maize and signed with the Shipping Company M/s. Marine Export and Trading Company, on 26-06-2008 fixing a vessel, mv. Medhu Faru, to carry the quantity of 1700 MT to Colombo between 1st July to 8th July 2008. A similar arrangement was entered with an another Shipping Company M/s. EBC Marine Pvt. Ltd., on 30-06-2008, fixing a vessel called mv. Bagawan, to carry a quantity of 2100 MT to Colombo between 3rd to 5th July 2008. Therefore, the contract was entered with the said two shipping Companies for the purpose of export of 3800 MT of Maize.