2026 (8) TMI 662

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....2023 1. This application has been filed by the Petitioner for disposal of the writ petition in light of the Judgment dated 12.09.2023 passed by the Division Bench of this Court in W.P.(C) 9402/2023. 2. The instant writ petition has been filed challenging the rejection of claim of the Petitioner for seeking benefit under the Service Export India Scheme under the Foreign Trade Policy 2015-2020. 3. It is stated that the Order rejecting the claim of the Petitioner was contrary to the Order dated 25.04.2023 passed by this Court in W.P.(C) 3483/2022. Material on record discloses that a similar matter was pending before the Division Bench of this Court in W.P.(C) 9402/2023 and the Division Bench has disposed of the said ....

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....s of the Petitioner and considering the date of the applications and the period for which the duty scrips are being sought, the issue as to whether they are barred by limitation is left open. 8. The writ petition is disposed of, along with pending application(s), if any. 9. The next date of hearing of the writ petition i.e., 19.10.2023 stands cancelled. 10. The application is disposed of." 2. A reply has been filed on behalf of respondent no. 1, along with which, an Office Memorandum dated 13th June, 2024 issued by the Directorate General of Foreign Trade, Department of Commerce, Ministry of Commerce and Industry, Government of India, has been attached. The said Office Memorandum reads as under: OFFICE MEMOR....

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....uch time constraints falls within the discretionary ambit of policy formulation, as validated by a plethora of Supreme Court pronouncements. iv. Moreover, it is noteworthy that the imposition of time limitations has been an integral aspect of the Foreign Trade Policy since its inception. Consequently, the applicant was reasonably cognizant of such temporal parameters. In the absence of any legitimate expectation to the contrary, and in the absence of any directives from the Hon'ble Court in this regard, the imposition of such time limits remains consonant with established legal principles and statutory frameworks. v. This limitation become all the more important since the Scheme has not been continued for services expo....