Omm Agroexim Pvt Ltd vs Union Of India
2023 Latest Caselaw 5126 AP

      HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

                   Writ Petition No.25933 of 2023

                            PROCEEDING SHEET

Sl.
                                             ORDER

No      DATE
02    19.10.2023    RC,J
                                   W.P.No.25933 of 2023

For counters, if any, post on 23.11.2023.

_________ RC, J I.A.No.1 of 2023

Heard Sri S.Srinivas Reddy, learned Senior counsel representing learned counsel for the petitioner.

Sri S.Srinivas Reddy, learned Senior counsel, representing learned counsel for the petitioner, contended that the petitioner is involved in business of exporting Non-basmati White Rice after obtaining necessary export and import permissions/Code from the authorities and upon the same the petitioners entered into three contracts/supply agreement with Ascend Commodities SA, RUE MICHELI-DU-CREST, 4 1205 Geneva-Switzerland, Contract No. OAEPL /SME/JULY-02/2023-24, dated 10.07.2023 (addendum dated 19.07.2023) entered into with Sucden Middle East, Dubai and Contract No. OAEPL/ SIP/ JULY-01/ 2023-24, dated

11.07.2023 entered into with Seastarr International Private Limited, Singapore.

Learned senior counsel appearing for the petitioner further contended that, pending contracts, the Government of India got amendment to the existing export policy of Non- basmati White Rice, banning and prohibiting export of Non-basmati Rice notification dated 20.07.2023. If such policy is applied to the petitioner's case, the petitioner's rights will be affected, as the petitioner has already entered into the contract basing on the earlier policy. As such, prayed to protect the interest of the petitioner.

In support of his contention, learned counsel for the petitioner relied on the orders passed by this Court in W.P.Nos.32049, 33016, 33156 of 2022 and prayed to pass similar orders in this case also.

Perused the material available on record and the judgment referred supra.

Taking the submissions of learned senior counsel for the petitioner and the judgments referred supra into consideration, prima facie, a point is made out for consideration. In these circumstances, this Court is inclined to pass the following order:

The respondents are directed to permit the

petitioner to export the Non-basmati White Rice stored at warehouse before 20.07.2023. However, the petitioner is directed to pay requisite export duty in accordance with law.

_________ RC, J TJN/CBN