M/S DECCAN MINING SYNDICATE PVT LTD v. THE DIRECTOR GENERAL OF FOREIGN TRADE
WP/7019/2024 · 2025-10-14
Suraj Govindaraj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 42832 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 42832 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:41063 WP No. 7019 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 7019 OF 2024 (GM-RES) BETWEEN:
M/S DECCAN MINING SYNDICATE PVT LTD., A BODY CORPORATE, HAVING ITS REGISTERED OFFICE AT NO S-7, 2ND FLOOR, ESTEEM ARCADE, NO 26, RACE COURSE ROAD, BENGALURU-560 001.
REP. BY ITS DIRECTOR, SMT. ANITA R JAIN W/O RAJENDRA KUMAR JAIN, AGED ABOUT 57 YEARS.
(PUBLIC LIMITED COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956) …PETITIONER (BY SRI RAJU H Y, ADVOCATE)
AND:
1.
THE DIRECTOR GENERAL OF FOREIGN TRADE, UDYOG BHAVAN, H WING, GATE NO 2, MAULANA AZAD ROAD, NEW DELHI-110 011.
2.
THE EXPORT PROMOTION CAPITAL GOODS COMMITTEE, REP. BY ITS CHAIRMAN, UDYOG BHAVAN, H WING, GATE NO 2, MAULANA AZAD ROAD, NEW DELHI 110 011.
3.
THE ASSISTANT DIRECTOR GENERAL OF FOREIGN TRADE, C AND E WING KENDRIYA SADAN, 17TH MAIN ROAD, KORAMANGALA,
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:41063 WP No. 7019 of 2024
BENGALURU-560 034.
4.
THE DEVELOPMENT COMMISSIONER, COCHIN SPECIAL ECONOMIC ZONE, SEZ BHAVAN, NO 120 C, EPIP, 2ND FLOOR, WHITEFIELD, BENGALURU-560066. …RESPONDENTS (BY SRI SHANTHI BHUSHAN H, ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R-2 TO CONSIDER THE APPLICATION / LETTER DATED 22/08/2019 FILED BY THE PETITIONER AND TO PASS THE NECESSARY ORDERS (ANNEXURE-A).
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. The petitioner is before this Court seeking for the following reliefs; I. "issue a writ or order in the nature of mandamus directing the 2nd Respondent to consider the Application/Letter dated 22.08.2019 filed by the Petitioner and to pass the necessary orders (Annexure-A);
II. Issue any other Writ, Order or direction as this Hon'ble court deems fit in the
facts and circumstances of the case in the interest of justice."
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HC-KAR NC: 2025:KHC:41063 WP No. 7019 of 2024
2. A memo dated 27.6.2024 has been filed signed by the learned counsel for the Petitioner seeking withdrawal of the petition, which reads as under: Memo for withdrawal
The petitioner respectfully submits that on insisting notional duty to regularize the default of export obligation in respect of the goods
procured indigenously against the invalidation, the petitioner vide application dated 22.08.2019 approached the 2nd Respondent. Aggrieved by the inaction on the part of the 2nd Respondent in considering their application dated 22.08.2019, the petitioner, has filed the above numbered writ petition seeking writ of mandamus. Subsequent to filing the above numbered writ, the office of the 1st Respondent vide letter dated 02.02.2024 clarified that to regularize the default of export obligation in respect of the goods procured indigenously against the invalidation, the duty payable in excise duty and not the notional customs duty. It is therefore the petitioner, respectfully prays this Hon’ble High Court may pleased to permit petitioner to withdraw the above numbered writ petition in the interest of justice.
3. Accepting the submission of the learned counsel for the Petitioner and the memo, the Writ Petition stands dismissed as withdrawn.
SD/- (SURAJ GOVINDARAJ) JUDGE PRS, List No.: 1 Sl No.: 113