1 wpl321-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (LOD) NO.321 OF 2011 M/s. Sun Export Pvt. Ltd. ..Petitioner. V/s. Union of India & Ors. ..Respondents. Mr. Naresh Thakker with Madhur Baya for the petitioner. Mr. A.S. Rao for the respondents. CORAM : J.P. DEVADHAR AND MR. A.A.SAYED, JJ. DATED : 20TH APRIL, 2011 P.C. :- 1. This petition is filed to challenge the trade notice dated 11/1/2011 as well the order dated 21/1/2011. At the hearing of the petition, counsel for the petitioner did not press the challenge relating to the validity of the trade notice dated 11/1/2011. 2. Therefore, the only question to be considered in this petition is, whether the Director General of Foreign Trade by the impugned order dated 21/1/2011 was justified in rejecting the application of the petitioner 2 wpl321-11 seeking Export Authorisation Registration Certificate (EARC' for short). 3. The petitioner, a cotton exporter, on the basis of the firm contract for export of cotton yarn had applied for export authorization registration certificate as per the policy of the Government. By an order dated 21/1/2011 the application of the petitioner was rejected on the ground that the Import-Export Code of the petitioner is presently in the denied entities list and, therefore, the registration certificate cannot be issued. 4. Challenging the order dated 21/1/2011, the present petition is filed. During the pendency of the petition, the petitioner has moved the Jt. DGFT and took steps to fulfill the conditions attached to the three licences dated 13/10/1989, 16/8/1990 and 12/3/1991 so that the name of the petitioner could be removed from the denied entities list. By an order dated 30/3/2011 the Jt. DGFT, Mumbai has stated that the conditions attached to the three licences have been fulfilled which was the basis for placing the name of the petitioner in the denied entities list. Since the ground on the basis of which the name of the petitioner was placed in the denied entities list, do not exist, there is no reason as to why the name of the petitioner should be continued in the denied entities list. In this view of the matter, the Jt. DGFT is directed to delete the name of the petitioner from the Denied Entities List forthwith. Since the only ground for rejecting the EARC, namely the name of the petitioner in the Denied 3 wpl321-11 Entities List does not survive, we quash and set aside the order dated 21/1/2011 and direct the Jt. DGFT, Mumbai to pass appropriate order on the application filed by the petitioner which is at Exhibit 'D' (page 25 of the petition) as expeditiously as possible and preferably within a period of 2 weeks from today. 5. The petition is disposed off accordingly in the above terms with no order as to costs. (A.A. SAYED, J.) (J.P. DEVADHAR, J.)