2016 (1) TMI 417

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....B.M. Chaterjee, Sr. Counsel with Mrs. Neeta Masurkar, Ms. Maya Majmudar and Pradeep S. Jetly, for the Respondent. ORDER P.C. : By this Petition, diverse reliefs are sought and particularly to quash and set aside a decision of the Policy Interpretation Committee dated 27th December 2011 and a direction to the Respondent No. 3 to withdraw or cancel a letter dated 29th September 2012 which is i....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....4. 4. Some of the provisions of the earlier policy and with which the petitioners are concerned are identical but in the judgment, the Court has observed and held that any past recovery is unsustainable and therefore, restrained the Director General of Foreign Trade, Ministry of Commerce and other authorities of the Union of India from recovering any sums. 5. Mr. Shah would submit ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....enefits of any Scheme, much less, in the nature referred above, are not available to the petitioners. Therefore, Writ Petition has no merit and must be dismissed. 7. After having heard both sides, we are of the view that the only relief that can be granted in this Writ Petition is a direction to the Competent authority to pass an order on the two show cause notices. If the show cause notic....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... were at all payable are all matters which must be determined in accordance with law. The show cause notice dated 27th March 2008 shows that the Respondents and particularly the Director General of Foreign Trade claims certain amounts. They have closed the file which without any adjudication order or decision but because of the act of the petitioners paying certain sums. To our mind, the continued....