Importer-Exporter Code requirement for service exports clarified by policy amendment, with further writ adjudication left open

A policy amendment under the Foreign Trade Policy clarified that, for service exports, an Importer-Exporter Code is required only when the exporter seeks benefits under the scheme, addressing the grievance that an active code had to exist at the time services were rendered. The Delhi HC treated this amendment as removing the core basis of the challenge and declined further merits adjudication of the individual writ claims. It left any remaining grievances and other reliefs to be pursued before the competent authorities in accordance with law.

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Issues: Whether the amendment to the foreign trade policy concerning Importer-Exporter Code for service exports addressed the petitioners' grievance and whether any further adjudication on the individual claims was required in writ jurisdiction.

Analysis: The challenge centred on the insistence that a service exporter must hold an active Importer-Exporter Code at the time of rendering services to claim benefits under the service exports scheme. The policy framework under the Foreign Trade (Development and Regulation) Act, 1992 empowers the Central Government to frame the foreign trade policy, and the later amendment to the policy clarified that, for services exports, the Importer-Exporter Code is necessary only when the service provider is taking benefits under the policy. In view of this amendment, the Court accepted that the principal grievance raised by the exporters stood addressed. The Court also noted the earlier Bombay High Court decision but did not consider it necessary to enter into the individual facts of the petitions.

Conclusion: The writ petitions were not adjudicated on merits of the individual claims and the petitioners were left to pursue any remaining grievances before the competent authorities.

Final Conclusion: The common challenge was effectively overtaken by the policy amendment, and the Court disposed of the petitions while leaving other reliefs and remedies open before the authorities.

Ratio Decidendi: Where a subsequent policy amendment removes the core basis of the challenge, the Court may decline further merits adjudication and leave remaining grievances to be decided by the competent authority in accordance with law.

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