Court Rules Import Notifications Valid; Compliance with Section 19(3) of Foreign Trade Act Not Mandatory.

The HC dismissed the Writ Petitions filed by Importers challenging the validity of certain import-related notifications. The Petitioners argued that the notifications were invalid due to non-compliance with Section 19(3) of the Foreign Trade Act, which they claimed required the notifications to be placed before Parliament. The Court, referencing SC decisions, held that the requirement was directory, not mandatory, and non-compliance did not invalidate the notifications. Consequently, the Writ Petitions and connected Miscellaneous Petitions were dismissed without costs.

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Issues:
Challenging notifications related to import regulations, compliance with statutory requirements, validity of impugned notifications.

Analysis:
The batch of Writ Petitions filed by Importers challenged various notifications related to imports. The Respondent argued that the issues were similar to a previous order and should be rejected. However, the Petitioners contended that certain legal contentions were not raised previously. One such contention was regarding Section 19(3) of the Foreign Trade Act, stating that notifications must be placed before Parliament. The Petitioners argued that non-compliance would invalidate the notifications. The Respondent cited Supreme Court decisions to argue that placing notifications before Parliament was optional, not mandatory. The Court referred to the case of M/s. Atlas Cycle Industries Limited and held that the requirement of laying notifications before Parliament was directory, not mandatory. Therefore, non-compliance did not render the notifications void.

The Court, following the previous order, dismissed the Writ Petitions. The contention raised by the Petitioners regarding the necessity of placing notifications before Parliament was rejected based on the Supreme Court's interpretation that such requirements were directory, not mandatory. Consequently, the Writ Petitions were dismissed, and the connected Miscellaneous Petitions were closed without costs.

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