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2020 (10) TMI 346

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.... "1] Heard learned counsel for the parties. 2] By way of this Petition under Article 226 of the Constitution of India, Petitioner seeks quashing of order dated 22.07.2020 passed by the Respondent and for a direction to the Respondent to allow re-export of the goods i.e., clove covered by the bills of Lading dated 25.12.2019 and 21.01.2020. 3] Earlier Petitioner had approached this Court by filing WP-ASDB-LD-VC-NO.139/2020, which was disposed of vide order dated 03.07.2020 in the following terms :- "1 Heard the learned counsel for the petitioner. 2 It is the petitioner's case that the petitioner had supplied goods to respondent No.2 in October 2019. It is further case of the petitioner that respondent No.2....

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....Show Cause Notice and Personal Hearing (if not waived in writing by the noticees). The request for reexport can be decided by the adjudicating authority. 8. As regards the other B/E no.6916774 dated 17.02.2020, though FSSI has granted No Objection Certificate (NOC), no final call can be taken till the report of PQ authorities is received. 9. In view of the above, your request regarding re-export of the subject goods cannot be entertained at this stage till the requirements, as detailed above are fulfilled. Accordingly, your representation dated 19.06.2020 is disposed of." 5] Prima-facie, we are of the view that aforesaid order passed by the Commissioner is not what the High Court had intended when it had passed th....