Petitioner seeks a direction to delete the condition of ‘actual user’ for importing maize (corn)

Shah Nanji Nagsi Exports Pvt. Ltd. has petitioned the Bombay High Court to remove the 'actual user' condition imposed on their import licenses for maize (corn). The company, a trading house established in 1919, imports various food grains and sought to import maize under a tariff rate quota scheme. However, the import licenses issued contained the 'actual user' restriction, which the petitioner argues should be deleted.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION

WRIT PETITION NO.4838 OF 2016
Shah Nanji Nagsi Exports Pvt. Ltd. … Petitioner

Vs.

Joint Directorate General of Foreign Trade & others … Respondents
Mr. Vikram Nankani, Senior Advocate a/w. Mr. Sham Dewani and Mr.
Chirag Chanani i/b. Dewani Associates for Petitioner.
Mr. Rajshekhar Govilkar a/w. Mr. M. S. Bharadwaj and Mr. Vikas Salgia
for Respondents.

 CORAM : UJJAL BHUYAN &
MILIND N. JADHAV, JJ.
Reserved on : FEBRUARY 02, 2021
Pronounced on: MAY 21, 2021

Judgment and Order : (Per Ujjal Bhuyan, J.)

Heard Mr. Vikram Nankani, learned senior counsel for the petitioner and Mr. Rajshekhar Govilkar, learned counsel for the respondents.

2. By filing this petition under Article 226 of the Constitution of India, petitioner seeks quashing of the following orders:-

i. Order-in-original dated 14.02.2014 passed by the Joint Director General of Foreign Trade, New Delhi;

ii. Order-in-appeal dated 24.07.2015 passed by the Additional Director General of Foreign Trade, New Delhi; and

iii. Order in review dated 04.11.2015 passed by the Director General of Foreign Trade i.e., respondent No.3 and further seeks a direction to respondent No.3 to delete the condition of ‘actual user’ in the two licenses bearing Nos.0550001698 dated 31.12.2009 and 0550001804 dated 09.04.2010 issued by respondent No.3 to respondent No.4 for importing maize (corn) for and on behalf of the petitioner. An alternative prayer has been made by the petitioner to remand the matter back to respondent No.1 to adjudicate the matter afresh after quashing the above orders dated 14.02.2014,24.07.2015 and 04.11.2015.

3. Relevant facts as has been pleaded and which can be culled out from the documents on record may be briefly encapsulated as under.

4. Petitioner as a trading house was incorporated in the year 1919. In the year 1997, it was incorporated into a private limited company. It is basically engaged in the business of export of rice, oil seed, food grains and pulses. In this connection, petitioner has been granted trading house certificate by the appropriate authority. Petitioner is also engaged in the import of green peas, yellow peas and corn directly as well as canalized through public sector undertakings. Petitioner is having its registered office at Nagpur in the State of Maharashtra.

5. Respondent No.4 is a public sector undertaking and is a recognized state trading enterprise for import of maize (corn). Maize (corn) is an item the import of which was allowed under the tariff rate quota scheme.

6. On 20.11.2009, petitioner approached respondent No.4 for import of maize (corn) under tariff rate quota as per public notice issued by the Directorate General of Foreign Trade i.e., respondent No.3. On that basis, respondent No.4 submitted application dated 25.11.2009 in the office of Joint Directorate General of Foreign Trade, New Delhi i.e., respondent No.1 for an import licence for import of 7000MT of maize (corn) under tariff rate quota scheme on behalf of the petitioner. Respondent No.1 issued import licence No.0550001698 dated 31.12.2009 to respondent No.4 for import of 7000 MT of maize (corn) at concessional rate of customs duty as per Ministry of Finance, Department of Revenue Notification No.21/2002-Customs dated 1.03.2003 for the year 2009-2010 subject to ‘actual user’ condition and other usual conditions.

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