LAWS(BOM)-2016-9-285

KIM CHEMICALS LTD. Vs. UNION OF INDIA

Decided On September 06, 2016
Kim Chemicals Ltd. Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India, the petitioners pray for issuance of a writ of certiorari or any other appropriate writ, order or direction calling for the records and proceedings pertaining to the order dated 11th February, 2014, passed by the respondent No. 2 and after considering the validity and legality thereof, particularly in relation to a condition imposed therein, that condition be quashed and set aside. The prayer in the alternative is that of a mandamus directing the concerned authorities to club two authorisations of July, 2008 and March, 2009 for the purpose of compliance with export obligation. This relief is sought because the authorisation issued in March, 2009 casts certain obligations in relation to this export and as the facts will reveal that has not been discharged.

(2.) Then, similar relief of issuance of a writ of certiorari is sought in relation to orders passed on 3rd September, 2014, 9th June, 2015, and prior thereto on 16th April, 2015.

(3.) The first petitioner is a public limited company and the second petitioner is an Indian citizen and its Director. The respondents to this writ petition are the authorities under the Foreign Trade (Development and Regulation) Act, 1992 (for short "Foreign Trade Act").