HORTICULTURE PRODUCE EXPORTERS ASSOCIATION Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. Darius Shroff, learned senior counsel along with Dr. Sujay Kantawala, learned counsel for the petitioners; Mr. Aditya Thakkar, learned counsel for respondent Nos.1 and 3; Ms. Neha Bide, learned AGP for respondent No.2; and Mr. Anil Singh, learned Additional Solicitor General along with Mr. Pradeep S. Jetly, learned senior counsel instructed by Mr. J. B. Mishra, learned counsel for respondent Nos.4 to 6.

(2.) Petitioner No.1 before us is the registered association of exporters of onions whereas petitioner No.2 is a member of petitioner No.1 being proprietor of Fair Agro Enterprises.

(3.) Challenge made in this writ petition filed under Article 226 of the Constitution of India is to the notification No.31/2015-20 dated 14.09.2020 issued by Director General of Foreign Trade, Department of Commerce, Ministry of Commerce and Industry, Government of India prohibiting the export of all varieties of onions with immediate effect; further, petitioners seek a direction to the respondents to release the goods (onions) for export where shipping bills of export were filed and generated with respondent Nos.4, 5 and 6 before issuance of the impugned notification.