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1. Leave granted.
2. This appeal calls in question the judgment of the High Court of Judicature
at Bombay, Nagpur Bench, rendered on 02.08.2021 in Writ Petition No. 4095
of 2019, by which the writ petition instituted by the appellant was dismissed.
The High Court took the view that the error which had crept in while filing of
shipping bills was attributable to the customs broker, and that the appellant, if
so advised, could pursue his remedies against the broker but no relief could be
granted in exercise of writ jurisdiction.
3. The facts are largely undisputed. The appellant is a private company
engaged in the export of corn starch. During the period between 22.07.2017 to
05.10.2017, the appellant effected 54 (fifty-four) shipping bills under Serial
No. 467 of Appendix 3B to the Foreign Trade Policy (FTP) 2015–20 and was
eligible for incentive under the Merchandise Exports from India Scheme
(hereinafter referred to as “MEIS”) contained in Chapter 3 of the Policy.
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