Delhi HC Orders DGFT to Issue Export Obligation Certificate

Gold Plus Glass Industry Ltd Vs Union of India & Ors (Delhi High Court)

The Delhi High Court recently delivered a significant judgment in the case of Gold Plus Glass Industry Ltd vs Union of India & Ors. The petitioner sought a direction for the issuance of an Export Obligation Discharge Certificate and challenged show cause notices for non-fulfillment of export obligations.

Detailed Analysis:

• The petitioner, during the pendency of the petition, approached the Policy Relaxation Committee. The committee partially granted the petitioner’s request in its meeting on 05.12.2023.
• The judgment highlights the committee’s directions favoring the petitioner and emphasizes the commitment to conclude proceedings within three months.
• The respondents assure implementation of the Policy Relaxation Committee’s directions, urging a swift resolution to the matter.
• The court disposes of the petition, directing the Director General of Foreign Trade to implement the committee’s directions within three months. The petitioner must comply with the DGFT’s requirements. Custom authorities are instructed to process the case promptly.
• The judgment preserves the petitioner’s right to seek further remedies if aggrieved by any subsequent actions of the respondents.

Conclusion: In conclusion, the Delhi High Court’s directive to issue the Export Obligation Discharge Certificate marks a pivotal development in the legal battle between Gold Plus Glass Industry Ltd and the Union of India. The court’s emphasis on timely resolution and preservation of the petitioner’s right to appeal ensures a fair and just outcome in this complex matter.

FULL TEXT OF THE JUDGMENT/ORDER OF DELHI HIGH COURT

1. Petitioner seeks a direction to the respondents to issue the Export Obligation Discharge Certificate to the petitioner and also impugns the show cause notices issued to the petitioner for non- fulfilment of the export obligation.

2. Pending this petition, petitioner had approached the Policy Relaxation Committee. We are informed that the Policy Relaxation Committee has partly acceded to the request of the petitioner and in its meeting held on 05.12.2023, issued certain directions in favour of the petitioner.

3. Learned counsel for the respondents submit that directions of the Policy Relaxation Committee shall be implemented and endeavor shall be made to conclude the proceedings within a period of three months from today.

4. In view of the above, this petition is disposed of, directing the Director General of Foreign Trade to implement the directions of the Policy Relaxation Committee issued in its meeting dated 05.12.2023, preferably within a period of three months from today. Petitioner shall furnish such documents and clarifications as may be called for by the Director General Foreign Trade from time to time. Once the order of Director General Foreign Trade is passed, the custom authorities shall expeditiously process the case of the petitioner. Right of the petitioner to avail of further remedy in case aggrieved by any further action of the respondents is reserved.