2015 (9) TMI 165

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....y, for the Respondent P.C:   Leave to amend. 2 Heard learned Counsel for the parties. 3 RULE. 4 The petitioner challenges the order dated 11 September 2013 of Additional Director General of Foreign Trade (DGFT) ignoring the decision of the Norms Committee dated 2 May 2012. The relevant portion of which reads as under:" CASE NO. C2 M/s. Welspun Corp Ltd. Meeting No. 02/81 E. No.01/81....

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....cision. The petitioner submits that in view of the above communication of the Norms Committee, it makes no difference whether the actual import was of Non-Alloy or of Alloy Steel HR Coils/Plates so long as the grade of steel of exported pipes is the same as that of the imported HR Coils/Plates. However, in spite of the above direct and binding decision of the Norms Committee, the Additional DGFT h....

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....cal penalty of Rs. 860 Crores and thereafter, directed the licensing authorities to examine the concerned Advance Authorizations in the light of the decision dated 2 May 2012 of the Norms Committee is sufficient to show total arbitrariness and non-application of mind on the part of the Additional DGFT in passing the impugned order. 7 Our attention is further invited to the communication dated 4 O....

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....inform you that your abovementioned authorizations cannot be redeemed even after following aforesaid decision taken by the Norms Committee." 8 It is submitted that the impugned communication of the Assistant DGFT also suffers from total arbitrariness and total non-application of mind inasmuch as 'grade' of steel exported (such as API) has to be compared with the 'grade' of the ste....