MINAR EXPORTS Vs. ENFORCEMENT COMMITTEE

JUDGEMENT

(1.) The restricted challenges set up to the orders-in-original in Writ Petition Nos. 952/2006 and 2259/2007 are dated 13th June, 2005; whereas in other petitions they are dated 20th June, 2005. The orders in appeal in all these petitions are dated 16th November, 2005. The facts involved in these petitions are more or less common and issues involved are identical. Hence all these petitions were heard together and are being disposed of by this common judgment. For the sake of clarity, facts are borrowed from the representative petition No. 952 of 2006 filed by M/s. Minar Exports (hereinafter referred to as the "petitioners" for short which shall mean and include all the petitioners herein).

(2.) The petition by M/s. Minar Exports filed under Article 226 of the Constitution of India, is directed against the order-in-appeal dated 16th November, 2005 (Exh.H) passed by the respondent No. 2- Enforcement Appellate Committee and the order in original dated 13th June, 2005 (Exh.F) passed by the respondent No. 1-Enforcement Committee to the extent it directs payment of compensation, penalties with further direction to deposit amounts mentioned therein more particularly as set out in para X(a) to (c) extracted in para 4 appearing hereinafter both these orders are passed by the authorities constituted under the the Yarn, Fabrics and Made-ups Export Entitlement (Quota) Policy for 2000-2004 framed by the Government of India, Ministry of Textiles, New Delhi ("Quota Policy, 2000-04" for short).

(3.) The factual backdrop leading to these petitions lie in committing alleged breach of Quota Policy, 2000-04 by the petitioners arising in the following factual circumstances. The WTO agreement on Textiles and Clothing (ATC) laid down annual quantitative restrictions on the quota for certain textile products categories from India to the United States, member nations of the European Union and Canada. Accordingly, Ministry of Textile, Government of India vide its notification No. 1/129/99 Export-1 dated 12th November, 1999 announced the Quota Policy 2000-04.