REGENT COMPUTRONICS PVT. LTD.

Century Plyboards Appellant

V/S

UNION OF INDIA Respondents

Referred Judgements :-

JUDGEMENT

(1.) Heard Dr. A. Saraf, learned Senior Counsel assisted by Mr. P. Baruah and Mr. P.K Bora, learned counsel for the petitioners. Also heard Mr. R.K.D Choudhury, learned Deputy Solicitor General of India, Mr. P.P. Sharma, learned Senior Counsel assisted by Mr. N. Choudhury, learned counsel for respondent No. 7, Mr. K. Gogoi, learned CGC for respondent Nos. 1, 2, 3, 5, 6 and Mr. B. Pathak, learned counsel for respondent No. 4.

(2.) By way of this petition under Article 226 of the Constitution of India, the petitioners are challenging, inter-alia, the validity and legality of the recommendation of the respondent No. 1 taken during the course of Expert Committee Meeting held on 22/4/2019, whereby the two raw materials namely 'phenol' and 'melamine' listed at Serial No. 10 in the Annexure-B and Serial No. 12 in Annexure-C respectively were proposed to be brought under the mandatory BIS marking scheme under the Bureau of Indian Standards Act, 2016 (hereinafter referred to as the BIS Act, 2016).

(3.) It is the specific case of the petitioners that respondent No. 1 in gross abuse of powers conferred on Central Government under the BIS Act, 2016 recommended mandatory BIS marking of the two subject raw materials. It is the further case of the petitioners that while the Union of India as a sovereign State is within its competence to frame the law and regulation as it considers appropriate to give effect to the obligations under the treaty on Technical Barriers to Trade (hereinafter referred to as TBT), it cannot extend the application of its municipal law outside the territory of India to bind the exporters to comply with the mandatory BIS registration and certification unless it demonstrates that the external content in such municipal laws or regulations are consistent with obligations and prohibitions under the TBT Agreement. Accordingly, the present writ petition has been filed seeking the following reliefs from this Court which are reproduced hereunder for ready reference:-

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CENTURY PLYBOARDS Vs. UNION OF INDIA

Referred Judgements :-

JUDGEMENT

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