1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B.CIVIL WRIT PETITION NO.250/2008 M/s.Abacus Metals (Pvt.) Ltd. Versus Union of India and others DATE OF ORDER --- November 18,2009 PRESENT HON’BLE MR.JUSTICE PREM SHANKER ASOPA Mr.Alok Sharma, for the petitioner Mr.Sumit Khandelwal on behalf of Mr.Kunal Rawat, for the Union of India BY THE COURT (1) By this writ petition, the petitioner has prayed for an appropriate writ, order or direction in the nature thereof directing the respondents to reconsider the case of the petitioner company for fixation of the input output norms in the manufacture of Brass Builder Hardware for export from the imported Brass Ingots/Rods with reference to the material on record, the recommendation of the Local Excise Authority and the NOIDA Special Economic Zone Authority and has further sought a direction to hear the petitioner company while reconsidering the question of fixing the input output norms. (2) Submission of Mr.Alok Sharma is that 5% wastage (invisible loss) has been allowed by the respondents whereas the Department of Commerce, Ministry of Commerce and Industry, Government of India vide order 11.7.2005 (Anx.4) has fixed ad hoc wastage norms of 10.3%. Mr.Alok Sharma further submits that the petitioner will satisfy the respondent authorities that the wastage norms of 5% 2 (invisible loss) are not applicable to the petitioner company and instead, the wastage norms of 10.3% should be applied to its case. (3) Counsel for the respondents submits that the Government of India by public notice No.37(RE-2007)/2004-2009 dated 23.8.2007, issued in exercise of powers conferred under Paragraph 2.4 of the Foreign Trade Policy 2004-2009, made amendment in the Handbook of Procedure Vol.I and fixed the time limit of four months from the date of communication of the decision of fixation of ad hoc norms by the Norms Committee, for filing the representation. (4) On raising the query, counsel for the respondents submits that the aforesaid public notice dated 23.8.2007 is of administrative nature and the same is not statutory. (5) I have gone through record of the writ petition and further considered the submissions made by the counsel for the parties. (6) In my view, the matter is required to be reconsidered by the respondents. The petitioner company is granted one opportunity to file fresh representation to the respondents, along with the relevant documents of the input output norms of wastage (invisible loss), which shall be decided by the respondents by a reasoned order within a period of one month from today. (7) The writ petition is disposed of, as indicated above. (Prem Shanker Asopa) J. गोpa ल