PATEL ENGINEERING LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD both sides. Rule. The Respondents waive service. By consent, rule is made returnable forthwith. The Writ Petitioner is dissatisfied with the decision taken by the Policy Interpretation Committee in its meeting No. 10/AM -11 held on 15th March 2011. The Petitioner seeks that in pursuance of this Policy alone, the show cause notices are issued to the Petitioner. In such circumstances, Mr. Sridharan, learned Senior Counsel appearing on behalf of the Petitioner submits that since the show cause notices specifically refer to the minutes of the Policy Interpretation Committee and the decision taken therein that no useful purpose will be served by appearing before the Adjudicating Authority mid showing cause to the show cause notices, copies of which are annexed to the Petition at Annexures P -1 onwards.

(2.) IT is the case of the Petitioner that these show cause notices are based on the clarification and the clarification could not be made applicable to the case covered by the Government of India, Ministry of Commerce, Directorate General of Foreign Trade decision dated 5th December 2000 or in any event 2011 decision as contained in the minutes of the meeting, cannot be applied retrospectively that this Writ Petition should be entertained, more particularly, when there are no disputed questions of facts.

(3.) SINCE we have to deal with the objection on maintainability of this Writ Petition, we would refer to the decisions cited by Mr. Sridharan, learned Senior Counsel appearing on behalf of the Petitioner and Mr. Avasia, learned counsel appearing on behalf of the Respondents.