Interim relief against Denied Entity List order stayed pending writ petition, with prior judgment treated as prima facie applicable.

The Gujarat HC treated the writ petition as prima facie covered by an earlier ruling striking down the pre-import condition under the relevant notification and Foreign Trade Policy. It rejected the objection that the earlier judgment was under challenge before the Supreme Court as sufficient, by itself, to deny interim protection at this stage. The Court admitted the matter and granted ad-interim relief to preserve the petitioner's position, staying operation of the Denied Entity List order until final disposal of the writ petition.

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Issues: Whether interim relief should be granted by staying the operation of the Denied Entity List order pending final disposal of the writ petition.

Analysis: The writ petition was treated as being prima facie covered by the earlier decision striking down the pre-import condition under the relevant notification and the Foreign Trade Policy. The respondents' objection that the earlier judgment was under challenge before the Supreme Court was not accepted as sufficient to refuse interim protection at this stage. The Court, therefore, admitted the matter and granted ad-interim protection to preserve the petitioner's position until final hearing.

Conclusion: Interim relief was granted and the operation of the Denied Entity List order was stayed pending final disposal of the writ petition.

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