Rain CII Carbon Vizag Ltd & Anr Vs Union of India (Delhi High Court)
Delhi High Court held that that the Court has to apply the principle of forum convenience on the anvil that merely because some cause of action has arisen within the territorial jurisdiction of this Court, would not itself constitute to be the determining factor compelling the Court to entertain the matter. Thus, writ dismissed due to lack of jurisdiction.
Facts- The case of the petitioner is that by virtue of the order dated 09.10.2018, the Hon’ble Supreme Court permitted the import of 1.4 MMT of Raw Petroleum Coke per annum. It is informed that the Foreign Trade Policy, 2023 was issued by the Central Government through the Directorate General of Foreign Trade under Section 5 of the Foreign Trade (Development & Regulations) Act, 1992. Chapter 4 of FTP refers to Advance Authorization which is issued to allow duty free import of input, which is physically incorporated in export product including export to Special Economic Zone Units. Chapter 7 relates to “Deemed Exports” which are goods that are entitled to Advance Authorization as deemed exports.
The Hon’ble Supreme Court vide order dated 10.10.2023 directed the Commission for Air Quality Management in the National Capital Region to take a fresh look into all issues pertaining to petroleum coke after considering the inputs of persons and entities like the petitioner. It is stated that the CAQM vide its order dated 15.02.2024 directed that “Deemed Exports” by domestic calciners to SEZ Units is permissible. Pursuant thereto, DGFT amended its Import Policy permitting the import of RPC subject to certain terms and conditions.
