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Judgment
This appeal was mentioned on 16th March, 2020 by Mr. Chakraborty, learned Advocate for the appellant as an appeal where urgent interim relief was necessary. In those circumstances, we directed the appeal and the stay application to appear in the list today.
This application for preferring the appeal is argued by an authorised representative of the appellant and an officer from the office of the Director General of Foreign Trade, Kolkata.
It is from a judgement and order dated 11th March, 2020 of a learned single judge dismissing the writ.
The appellant wants this Court to pass an order permitting them to import 10000 MT of peas, as per the contract between them and the foreign seller, as an interim order in the appeal.
We cannot do so as no prima facie case is made out and secondly passing any interim order would amount to substantially allowing the appeal and the writ application.
As the parties are represented by their representatives, service of the notice of appeal is dispensed with.
We expedite the hearing of the appeal.
Let an informal paper book be filed by the Advocate on record for the appellant by 15th April, 2020 serving atleast one copy thereof on the Advocate on record of the respondent not later than three days before the date of hearing of the appeal.
The appellant is at liberty to approach the authority for review of the impugned order in the writ under para 2.59 of Foreign Trade Policy, 2015-2020.
The review application, if any, has to be made within seven days from date and disposed of by the said authority by 8th April, 2020.
In that case the proceeding of the review application may be included in the paper book.
We make it clear and it goes without saying that any accrued legal right arising out of the subject notification which is stated to expire on 31st March, 2020 is preserved.
The stay application (CAN 2789 of 2020) is disposed of.
The appeal be listed for hearing on 20th April, 2020.