2018 (12) TMI 176

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....y a/w Mr. Devesh Tripathi for the respondents P.C. 1. At the request of the parties, the petition itself is taken up for final disposal at the stage of admission. 2. This petition under Article 226 of the Constitution of India challenges an order dated 11th October, 2018 passed by the Joint Director General of Foreign Trade, Pune under the Foreign Trade (Development and Regulation) Act, 1....

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....ore particularly so as the issue stands concluded in favour of the petitioner by the binding decisions of this Court in Larsen & Tubro Ltd. Vs. Union of India, 2018 (360) E.L.T. 289, Rochem Separation Systems India Pvt. Ltd. Vs. Union of India & Ors. 2018, TIOL 2060 and Electromech Material Handling System India Pvt. Ltd. Vs. Union of India & Ors., 2018, TIOL 2150 on identical issue. Thus, the ....

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.... must avail of the same and this court should not entertain the petition.   5. We note that once it is undisputed that the issue stands concluded by the decision of this Court in Larsen and Tubro Ltd. (supra), Rochem Separation Systems India Pvt. Ltd. (supra) and Electromech Material Handling System India Pvt. Ltd. (supra), then in the absence of the same being reversed and / or stayed by ....

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.... as to the decision of the PRC and the respondent were directed to issue export discharge certificate for redemption of Advance Authorization. The same direction would be appropriate in these facts also as the substance of the dispute is identical. Moreover, the PRC would have had to allow the application in view of the binding decisions of this Court. 6. Accordingly, following the decision of ....