The petitioner, an exporter of rubberized coir mats, challenged the sufficiency of a policy circular excluding door mats from DEPB benefits and sought a mandamus order to register shipping bills pending an amendment. The court noted the issue was already adjudicated negatively in WA No.1140/2006.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE ANTONY DOMINIC
WEDNESDAY, THE 12TH OCTOBER 2011 / 20TH ASWINA 1933
WP(C).No. 8257 of 2010(F)
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PETITIONER:
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INDUS CONSUMER PRODUCTS PVT. LTD., WEST SAKTHEESWARAM JUNCTION, CHERTHALA-688 524, REPRESENTED BY ITS DIRECTOR MR.JACOB THOMAS.
BY ADVS. SRI.S.K.AJAY KUMAR SMT.PRIYA. H.
RESPONDENTS:
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1. THE DIRECTOR GENERAL OF FOREIGN TRADE, UDYOG BHAVAN, NEW DELHI.
2. THE COMMISSIONER OF CUSTOMS, CUSTOMS HOUSE, COCHIN.
R1 – BY ADVS. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDIA SRI.P.PARAMESWARAN NAIR,ASG OF INDIA SRI.P.J.PHILIP, C.G.C
R2- BY ADV. SRI.JOHN VARGHESE,SC,CEN.BOARD OF EXCISE
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SCL.
WP(C).No. 8257 of 2010(F)
APPENDIX
PETITIONER'S EXHIBITS:
RESPONDENTS' EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
SCL.
ANTONY DOMINIC, J. ================ W.P.(C) NO. 8257 OF 2010
=====================
Dated this the 12th day of October, 2011
J U D G M E N T
The prayer sought in this writ petition are the following:-
“ A) Declare P4 is legally insufficient to exclude Door mats, Foot mats etc., from the purview of Entry 547 (now 507) of Exhibit P1 and the same can be enforced only by issuance of a public notice amending the entry expressly excluding Door mats, Foot mats from the purview of Rubber compounded sheet.
B) To issue a writ in the nature of mandamus or any other appropriate writ, direction or order commanding the 2nd respondent to register the shipping bills submitted by the petitioner under the D.E.P.B. Scheme till the 1st respondent makes a suitable amendment to the D.E.P.B. Entry No.547 (Now 507) of Exhibit P1 by issuance of a suitable public notice.”
Since the issue is thus fully covered against the petitioner by virtue of the aforesaid judgment, this writ petition is to be dismissed and I do so.
ANTONY DOMINIC, JUDGE
Rp
1 issue framed by the court
Whether Door mats and Foot mats fall within the purview of the D.E.P.B. Scheme benefits available to rubber compounded sheets.
Colour shows how this judgement treated each authority
WA No.1140/2006 and connected casesReferred¶39
Indus Consumer Products Pvt. Ltd.
The Director General of Foreign Trade
The Commissioner of Customs, Customs House, Cochin
Antony Dominic
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
