GLOBAL EXIM Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner before this Court is a Partnership Firm registered under the Partnership Act, has filed present petition being aggrieved by the action of the respondents in denying the petitioner Duty Free Import under the Transferable Duty Free Import Authorization (DFIA) under similar circumstances even though the petitioners are entitled to the benefits under paragraph 4.2.2 of the Foreign Trade Policy (2009-14) and import Whey Powder, Whey Protein Concentrates, Whey Protein Isolates covered under the description of Milk and Milk Products as well as Walnuts covered under the description of Nuts and Nut Products, Dietary Fibre, Flavours described in the DFIA of the quantity and value mentioned in DFIA.

(2.) At the outset learned counsel for the petitioner has drawn the attention of this Court towards judgment delivered by the Division Bench of Punjab and Haryana High Court in the case of Pushpanjali Floriculture Pvt. Ltd. Vs. Union of India and Others decided on 01/07/2016 in CWP No12647/2016 reported in 2016 (340) ELT 32 (P and H) and is his contention is that the controversy involved in the present case stands concluded by the aforesaid judgment. Paragraphs No.41 to 45 of the aforesaid judgment reads as under:-

(3.) Shri Prasanna Prasasd, learned counsel appearing for the respondent has not disputed the aforesaid judgment, however, he has informed this Court that a Special Leave Petition is pending before the Hon'ble Supreme Court of India and no stay has been granted in the matter.