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W.P.(C)8218/2018& CM APPL.31501/2018
BHADOHIHOTELS LIMITED AND ANR. Petitioners
Through Mr LalitBhasin,Mr Ratna Dhingra, Mr AjayPratap Singh,Aashima Singhal, Advocates.
Through Mr JasmeetSingh,CGSC with \i Mr Srivats Kaushal,Advocates for UOI.
AB HOTELS LIMITED AND ANR. ..... Petitioners
Through Mr Lalit Bhasin,MrRatnaDhingra, Mr Ajay Pratap Singh,Aasliima Singhal, V. Advocates.
Through Mr Jasmeet Singh,CGSC with U' Mr Srivats Kaushal,Advocates for UOI.
15.11.2018
ORDER
1. The learned counsel appearing for the respondents state thatthey have instructions that the respondents shall withdraw- the recovery notices, impugned in these petitions,to awaitthejudgment ofthe Supreme Court in 2018:DHC:9047 V V M/s Cummins Technologies India Pvt. Ltd. v. Union ofIndia and Ors.: SLP(C) No. 28830/2017. He states that the question whether the SFIS Scheme would apply to Indian companies selling their services under allegedly foreign brands, is a subject matter of consideration before the Supreme Court.
2. The learned counsel appearing for the petitioners state that apartfrom the aforesaid issue, there are other serious objections to recovery notices V including that Policy Interpretation Committee (PIC) did not have any jurisdiction to take any policy decision prior to 2012. They further state that the recovery notices, impugned in these petitions, are barred by limitation and the respondents do not have any recourse to Section 16 ofthe Foreign Trade (Development and Regulation) Act, 1992. This Court does not consider it necessary to address these issues as all the contentions,including one as articulated by the learned counsel for the petitioners, would be available to the petitioners as and when any steps are taken by the respondents for recovering any amount, which is subject matter ofdisputes in the present petitions.
3. The withdrawal ofrecovery notices are without prejudice to rights and contentions ofthe respondents including the right to issue a fresh recovery notices, if any. It is made expressly clear that this Court has not expressed any opinion on whether the respondents have any such right to issue the recovery notices., / /
4. Since the recovery notices are withdrawn,the present petitions do not survive and are disposed ofwith liberty to the petitioners to revive the same, ifthe occasion so arises.The pending application stands disposed of.
5. Oxdox dasti. ^ VIBHUBAKHRU,J NOVEMBER 15,2018 pkv