Sri Chitra Agri Exports vs Union Of India
2022 Latest Caselaw 7549 AP

         HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI

                MAIN CASE No.W.P.No.32049 of 2022
                          PROCEEDING SHEET

Sl.                                                                        Office
                                       ORDER

No      DATE                                                               Note
      30.09.2022 RRR, J

The learned Deputy Solicitor General submits that no instructions have been received as of now.

The petitioners are involved in the business of procurement and export the rice, after obtaining necessary export and import code from the authorities. On these, the petitioners are said to have entered into supply agreement with M/s. Capezzana Commodities Geneva. In this agreement the petitioners required to ship the contracted broken rice between 01.09.2022 to 15.10.2022.

The petitioners contended that while they were procuring the required broken rice from various suppliers, the 1st respondent had issued a notification bearing No.31/2015-2020 dated 08.09.2022, banning/prohibiting the export of the broken rice under HS code 1006 40.00, with effect from 09.09.2022. The petitioners contended that this notification has been given out of the blue and the said notification would affect/ destroy the petitioners as they would lead

to damages to M/s. Capezzana Commodities Geneva and arbitration proceedings would initiated against them in London.

In similar circumstances, the Hon'ble High Court of Calcutta by Judgment dated 11.08.2006 in W.P.No.966 of 2006 had directed that despite a similar prohibitory order of the Government, the petitioner therein be allowed to export red lentil to Bangladesh on the ground that the petitioner had undertaken execution of the contract for export of red lentil by purchasing the said goods in public auction and the prohibition issued under the impugned notification, before the Hon'ble High Court of Calcutta, would affect the interest of the petitioner therein.

In the present case, the petitioners have now produced bills showing that they have commenced the purchase of broken rice from various dealers, for the purposes of executing the sale agreement they have entered into with M/s. Capezzana Commodities Geneva.

In similar circumstances, the erstwhile High Court of Andhra Pradesh had also granted similar interim directions in W.P.M.P.No.29141 of 2007 in W.P.No.22444 of 2007 dated 29.10.2007, W.P.M.P.No.31560 of 2007 in W.P.No.24230 of 2007 dated 15.11.2007 & W.P.M.P.No.31965 of 2007 in W.P.No.24554 of

2007 dated 20.11.2007.

In the circumstances, the petitioners shall be permitted to export the broken rice in pursuance of the sale agreement with M/s. Capezzana Commodities Geneva only.

Post on 11.10.2022.

________ RRR, J Note:-

Issued C.C. today B/o BSM/RKS