ALSTOM INDIA LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Shri Sujit Ghosh, learned counsel with Ms. Kanupriya Bhargava, learned advocate with Shri Maulik Nanavati, learned advocate appearing on behalf of the petitioner and Shri Harin Raval, learned senior advocate instructed by Shri P.S. Champaneri, learned Assistant Solicitor General of India appearing on behalf of the Union of India and the respondents -Department. By way of this petition under article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:

(2.) NUMBER of submissions have been made by the learned counsel appearing on behalf of the respective parties with respect to the powers of the Joint Director General of Foreign Trade in reviewing and/or recalling their earlier decisions of approving the duty drawback and even with respect to eligibility of duty drawback by the petitioner under the relevant Export Import Policy/Foreign Trade Policy. It is also contended on behalf of the petitioner that even the subsequent decision of the Joint Director General of Foreign Trade dated March 21, 2011 is against the principles of natural justice. It is also the case on behalf of the petitioner that even the decision of the Director General of Foreign Trade which has been communicated vide communication dated April 13, 2012 is also a non -speaking order. It is the specific case on behalf of the petitioner that as such the said decision dated April 13, 2012 is by the officer/authority, who decided the representation of the petitioner and therefore, the same is against the principles of natural justice.

(3.) SHRI Ghosh, learned counsel appearing on behalf of the petitioner has stated that the petitioner shall submit a fresh detailed representation to the Director General of Foreign Trade in support of their claim that they are entitled to and eligible for duty drawback with respect to the goods in question under the relevant Export Import Policy/Foreign Trade Policy. However, has requested to make suitable observation that the Director General of Foreign Trade may take a fresh decision on the representation to be made by the petitioner against the decision of the Joint Director General of Foreign Trade dated March 21, 2011 and also with respect to the eligibility of duty drawback with respect to the goods in question by the petitioner independently with open mind and without in anyway being influenced by their earlier decisions inclusive of decision of the Policy Interpretation Committee. It is requested to direct the Director General of Foreign Trade to take a fresh decision at the earliest as the amount of duty drawback involved is a huge amount. He has also requested to direct the Joint Director General of Foreign Trade/Director General of Foreign Trade to release some amount provisionally.