Writ Petition under FEMA - High Court Calcutta

 

DISTRICT : South 24 Parganas.

 

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION

APPELLATE SIDE

 

W.P.A. No.                      of 2025;

 

In the matter of:

An application under Article 226 of the Constitution of India;

 

          And 

 

                                                          In the matter of:

Debarpita Overseas Private Limited, incorporated under the Companies Act, 2013, having its Registered Office at Premises being No. 4499, Tegharia, Narendrapur Station Road, Post Office – Ramkrishna Palli, Police Station – Narendrapur, Kolkata – 700150, represented by its Director Debasish Adhikary, Son of Sridam Adhikary, aged about 32 years, residing at Village & Post Office – Naridana (Noridana), Police Station – Baruipur, District South 24 Parganas, Pin - 743330, Mobile Number : 9002389521 / 91233 3202, Email : debarpitaoverseas@gmail.com ;

                                                                                       ……Petitioner

 

-Versus-

 

1.     Union of India, through the Secretary, Ministry of Commerce & Industry, having its Office at Vanijaya Bhawan, Akbar Road, New Delhi – 110011. Phone No. : 01123062261, Email : commerce.gov.in

 

2.     Reserve Bank of India, through its Chief General Manager, Foreign Exchange Department, Central Office, having its Office at 9^th Floor, Central Office Building, Shahid Bhagat Singh Road Mumbai - 400 001. Tel.: 22660502, Email : cgmdoc@rbi.org.in

 

3.     Directorate General of Foreign Trade (DGFT), through the Director General, having its Office at Udyog Bhawan, H- Wing, Gate No. 2, Maulana Azad Road, New Delhi – 110011, also at Premises being Vanijya Bhawan, “A” Wing, 16, Akbar Road, New Delhi – 110011, Email : dgft@nic.in Tel.: 23038703 / 23038705.

 

4.     Director General of Foreign Trade (DGFT), through the Additional Director General, having its Office at Premises being No. 4, Esplanade East, Esplanade, Chowringhee North, Bow Barracks, Kolkata – 700069, West Bengal. E-mail: dgft@wb.nic.in  Tel.: 2248-6831-34.

 

5.     UCO Bank, through its Branch Manager, Kolkata Main Branch, having its office at premises being No. 10, B.T.M. Sarani, Kolkata – 700001, West Bengal. Tel.:+913322343176 Email : kolmcc@ucobank.co.in

 

6.     High Commission of India, Dhaka,
House No. 2, Road No. 142,
Gulshan-1, Dhaka 1212, Bangladesh, Through the High Commissioner of India, International: +880.31.654.147 Email: ahc.chittagong@mea.gov.in

……..Respondents

 

To

The Hon’ble Soumen Sen, Acting-Chief Justice and His Companion Justices of the said Hon’ble Court.

The humble petition of the petitioner above named most respectfully;

SHEWETH:

 

1.   That the Petitioner is carrying on lawful business of export of sea products and agricultural produce, from its registered office at the address given in the cause title of this application.

 

2.   That the Petitioner is a reputed exporter engaged in lawful export of goods from India. The Petitioner exported goods worth USD 16,893.24 (US Dollar Sixteen Thousand Eight Hundred Ninety Three and Twenty Four Cent) only, to Bangladeshi Buyer M/s. Biz Wizard Incorporation, having its address  as Premises being No. 49, Motijheel C/A, Shapla Bhaban, Dhaka – 1000, Bangladesh, under an irrevocable Letter of Credit (L/C) bearing No. 050424010150, dated 09/07/2024, of Bangladesh Krishi Bank, Sylhet Corporate Branch, Zindabazar, Sylhet, Bangladesh, vide Amendment No. 01, dated 30-07-2024, against Invoice no. DOPL/GJD/103/24-25, dated 08-08-2024.

 

Photostat Copy of an irrevocable Letter of Credit (L/C) bearing No. 050424010150, dated 09/07/2024, with Amendment No. 01, dated 30-07-2024, and Invoice no. DOPL/GJD/103/24-25, dated 08-08-2024, are annexed herewith collectively, and marked as Annexure – “P-1”.

 

3.   That the Petitioner submitted all necessary shipping and export documents through its Authorised Dealer Bank, Respondent No. 5, UCO Bank, in full compliance with the terms and conditions of the L/C and the Uniform Customs and Practice for Documentary Credits (UCP 600).

 

4.   That the buyer in Bangladesh has duly received the goods. However, despite the L/C being irrevocable and despite the Petitioner having fulfilled all conditions, the issuing bank in Bangladesh has failed to honour the payment, and Respondent No. 3, UCO Bank, has not taken effective action. Respondent No. 5, UCO Bank, failed to escalate the protest or secure payment under UCP 600 norms.

 

5.   The Petitioner has repeatedly informed and requested assistance from the Respondents, including Respondent No. 5, UCO Bank to escalate the protest against the issuing bank under UCP 600. The Respondent No. 2 (RBI), for intervention under the Foreign Exchange Management Act, 1999, particularly Section 8, and RBI’s Master Direction on Export of Goods and Services. Respondent No. 3 & 4 (DGFT), to assist under the Foreign Trade Policy and Trade Facilitation provisions. The Respondent No. 6 (High Commission of India in Dhaka) to take appropriate diplomatic steps to recover the dues of the Petitioner. However, despite such representations, the authorities have failed to act or discharge their statutory/public duties, leaving the Petitioner exposed to violation under FEMA and causing grave financial hardship.

 

Photostat copy of all communication including Emails are annexed herewith and marked as Annexure – “P-2”.

 

6.   The cause of action arose on and from 02-09-2024, when the issuing bank failed to honour the L/C and continues as on date due to continued inaction on the part of the Respondents. The entire cause of action arose within the jurisdiction of this Hon’ble Court.

 

7.   That being aggrieved by and dissatisfied with the impugned inactions by the concerned respondent authorities, and/or inaction on the part of the respondents, the petitioner beg to move before Your Lordship on the following, amongst other, grounds –

 

GROUNDS

 

That the petitioner craves leave to urge the following grounds, without prejudice to one another:

 

I.      For that the failure of Respondent No. 2 (RBI) to enforce provisions of FEMA and take steps under para C.15 of the RBI Master Direction amounts to failure of statutory duty;

 

II.    For that the inaction of Respondent No. 5 (UCO Bank) to protest or pursue the matter with the issuing bank amounts to negligence and dereliction of banking duty under UCP 600 norms;

 

III.   For that the failure of Respondent No. 3 & 4 (DGFT) to facilitate recovery under Foreign Trade Policy is arbitrary and unreasonable;

 

IV.   For that the inaction of Respondent No. 6 (Indian High Commission in Dhaka, Bagladesh) to intervene despite documentary support breaches diplomatic duties and affects legitimate business interests;

 

V.    For that the Petitioner is left with no alternative remedy and is being subjected to unjust financial injury despite being a compliant exporter;

 

8.   That this Writ Petition is filed under Article 226 of the Constitution of India for recovery of export proceeds from the foreign buyer under the irrevocable Letter of Credit, and for issuance of appropriate writs/orders/directions upon the respondent authorities to discharge their statutory, contractual, and diplomatic duties under FEMA, the RBI Master Directions, the Foreign Trade Policy, UCP 600 norms, and allied provisions of law, in order to secure the lawful dues of the Petitioner and protect its fundamental rights guaranteed under Articles 14, 19(1)(g) and 21 of the Constitution of India. 

 

9.   That the petitioner has no other efficacious remedy except approaching this Hon’ble Court under Article 226 of the Constitution of India;

 

10.                That your petitioner has no alternative suitable remedy elsewhere and the reliefs as prayed for, if are granted would be complete for your petitioner.

 

11.                That on the selfsame cause of action your petitioner has not moved any other writ petition.

 

12.                This application is made bonafide and for the ends of justice.

In the premises aforesaid your petitioner most humbly prays for the following orders:-

 

a)     A writ in the nature of Mandamus directing the Respondent No. 2 (RBI) to take immediate action for recovery of export proceeds under FEMA, the Respondent No.  3 & 4 (DGFT) to assist in export recovery under FTP, the Respondent No. 5 (UCO Bank) to escalate protest under L/C/UCP 600 and take all available banking remedies; and the Respondent No. 6 (High Commission of India in Dhaka, Bagladesh) to intervene diplomatically with appropriate Bangladeshi authorities;

 

b)     Direct all Respondents to take time-bound steps for recovery of export proceeds and inform the Petitioner in writing;

 

c)     A writ in the nature of Certiorari asking the respondent authorities to produce records related to the instant case before this Hon’ble Court for proper adjudication;

 

d)     Restrain the Respondents from taking any coercive steps against the Petitioner for alleged FEMA violations arising from the impugned inaction;

 

e)     Rule NISI in terms of prayer (a), & (b) herein above;

 

f)      Award costs of this proceeding to the Petitioner;

 

g)     To pass such other or further order orders as Your Lordship may deem fit and proper; 

 

And your petitioner, as in duty bound, shall ever pray.

 

 

 

 

 

 

 

 

 

 

 

AFFIDAVIT

 

I, Debasish Adhikary, son of Sridam Adhikary, aged about 32 years, by faith Hindu, by Occupation Business, residing at Village & Post Office – Naridana (Noridana), Police Station – Baruipur, District South 24 Parganas, Pin – 743330, being the Director of M/s. Debarpita Overseas Private Limited, the petitioner company herein,do hereby solemnly affirm and say as follows:

 

1.       That I am the Director of the petitioner company and am duly authorised and competent to affirm this affidavit on its behalf. I am well acquainted with the facts and circumstances of the present case.

 

2.                  That the statements made in paragraph No. 1, 2, 3, & 4, are true to my knowledge and those made in paragraphs   5, & 6, are true to my information derived from the records of the case and rest paragraphs are my respectful submission before this Hon’ble Court.

 

 

Prepared in my office                           The deponent is known to me

 

                 Advocate                                Clerk to: Mr.                                                                                                                        Advocate

Solemnly affirmed before me

on this the       day of September, 2025.

 

I certify that all annexures

are legible.

 

               Advocate.

COMMISSIONER

DISTRICT : South 24 Parganas.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION

APPELLATE SIDE

 

W.P.A. No.                of 2025;

 

In the matter of:

An application under Article 226 of the Constitution of India;

 

And

 

In the matter of:

Debarpita Overseas Private Limited.

………..Petitioner

-Versus-

 

Union of India & Ors.

……Respondents

 

 

 

 

WRIT PETITION

 

 

 

 

MISS. PRITILATA SARDAR

Advocate

C/o. Sanjib Bandyopadhyay, Advocate, Bar Association, Room No.14, High Court, Calcutta. Enrollment No. F/4629/4817/2024.

Mobile Number : 8101750703, E-mail : pritilatasardar75@gmail.com

DISTRICT : South 24 Parganas.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION

APPELLATE SIDE

 

W.P.A. No.                  of 2025;

In the matter of:

An application under Article 226 of the Constitution of India;

And

Subject matter relating to-

 

Under Group    IX    , Head            , of the Classification List;

 

Cause title

 

Debarpita Overseas Private Limited.

………..Petitioner

-Versus-

Union of India & Ors.

……Respondents

Advocate-on-Record

MISS. PRITILATA SARDAR

Advocate

C/o. Sanjib Bandyopadhyay, Advocate, Bar Association, Room No.14, High Court, Calcutta. Enrollment No. F/4629/4817/2024.

Mobile Number : 8101750703, E-mail : pritilatasardar75@gmail.com

DISTRICT : South 24 Parganas.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION

APPELLATE SIDE

 

W.P.A. No.              of 2025;

 

In the matter of:

An application under Article 226 of the Constitution of India;

And

In the matter of:

Debarpita Overseas Private Limited.

………..Petitioner

-Versus-

Union of India & Ors.

……Respondents

Index

Sl. No.	Description of Documents	Annexure	Page No.
1.	Writ Petition;		1 to
2.	Photostat Copy of an irrevocable Letter of Credit (L/C) bearing No. 050424010150, dated 09/07/2024, with Amendment No. 01, dated 30-07-2024, and Invoice no. DOPL/GJD/103/24-25, dated 08-08-2024;	“P-1”
3.	Photostat copy of all communication including Emails;	“P-2”

 

DISTRICT : South 24 Parganas.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION

APPELLATE SIDE

 

W.P.A. No.                          of 2025;

 

In the matter of:

An application under Article 226 of the Constitution of India;

 

And

 

In the matter of:

 

DEbarpita Overseas Private Limited.

………..Petitioner

-Versus-

Union of India & Ors.

……Respondents

 

SYNOPSIS

 

The Petitioner, a private limited company engaged in lawful export of sea products and agricultural produce, exported goods worth USD 16,893.24 under an irrevocable Letter of Credit (L/C No. 050424010150 dated 09.07.2024) issued by Bangladesh Krishi Bank, Sylhet Corporate Branch, duly fulfilling all conditions and presenting documents through UCO Bank (Respondent No. 5) in terms of UCP 600; yet, despite receipt of goods, the issuing bank failed to honour payment, and Respondent No. 5 as well as the regulatory and diplomatic authorities, namely RBI (Respondent No. 2), DGFT (Respondent Nos. 3 & 4), and the High Commission of India, Dhaka (Respondent No. 6), failed to act upon repeated representations, thereby exposing the Petitioner to FEMA risks, financial loss, and violation of Articles 14, 19(1)(g) and 21 of the Constitution, necessitating the present Writ Petition under Article 226 seeking a writ of Mandamus for immediate, time-bound recovery of export proceeds and consequential reliefs.

LIST OF DATES

 

09.07.2024	Issuance of Irrevocable Letter of Credit (L/C No. 050424010150) by Bangladesh Krishi Bank, Sylhet Corporate Branch, Zindabazar, Sylhet, Bangladesh, in favour of the Petitioner.
30.07.2024	Amendment No. 01 to the said L/C issued.
02.08.2024 – 15.08.2024	The Petitioner duly shipped/exported goods worth USD 16,893.24 to its Bangladeshi buyer M/s. Biz Wizard Incorporation.
August 2024	The Petitioner submitted all necessary export/shipping documents to UCO Bank (Respondent No. 5) in compliance with the terms of the L/C and UCP 600 norms.
02.09.2024	Despite due receipt of goods by the buyer, the issuing bank in Bangladesh failed to honour the L/C and release payment. Cause of action arises.
Sept.–Nov. 2024	The Petitioner repeatedly represented before UCO Bank (Respondent No. 5) to escalate protest against the issuing bank, but no effective steps were taken.
Oct. 2024	The Petitioner approached RBI (Respondent No. 2) seeking intervention under Section 8 of FEMA, 1999 and RBI Master Directions on Export of Goods and Services.
Nov.–Dec. 2024	The Petitioner approached DGFT (Respondent Nos. 3 & 4) under the Foreign Trade Policy and High Commission of India, Dhaka (Respondent No. 6) for diplomatic assistance.
2024–2025	Despite repeated representations, all Respondents failed to act or discharge statutory/public duties, leaving the Petitioner remediless.
Sept. 2025	Hence, the Petitioner has filed the present Writ Petition under Article 226 of the Constitution of India before this Hon’ble Court.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

DISTRICT : South 24 Parganas.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION

APPELLATE SIDE

 

W.P.A. No.                      of 2025;

 

In the matter of:

An application under Article 226 of the Constitution of India;

And

In the matter of:

Debarpita Overseas Private Limited.

………..Petitioner

-Versus-

Union of India & Ors.

……Respondents

LIST OF DATES

09.07.2024	Issuance of Irrevocable Letter of Credit (L/C No. 050424010150) by Bangladesh Krishi Bank, Sylhet Corporate Branch, Zindabazar, Sylhet, Bangladesh, in favour of the Petitioner.
30.07.2024	Amendment No. 01 to the said L/C issued.
02.08.2024 – 15.08.2024	The Petitioner duly shipped/exported goods worth USD 16,893.24 to its Bangladeshi buyer M/s. Biz Wizard Incorporation.
August 2024	The Petitioner submitted all necessary export/shipping documents to UCO Bank (Respondent No. 5) in compliance with the terms of the L/C and UCP 600 norms.
02.09.2024	Despite due receipt of goods by the buyer, the issuing bank in Bangladesh failed to honour the L/C and release payment. Cause of action arises.
Sept.–Nov. 2024	The Petitioner repeatedly represented before UCO Bank (Respondent No. 5) to escalate protest against the issuing bank, but no effective steps were taken.
Oct. 2024	The Petitioner approached RBI (Respondent No. 2) seeking intervention under Section 8 of FEMA, 1999 and RBI Master Directions on Export of Goods and Services.
Nov.–Dec. 2024	The Petitioner approached DGFT (Respondent Nos. 3 & 4) under the Foreign Trade Policy and High Commission of India, Dhaka (Respondent No. 6) for diplomatic assistance.
2024–2025	Despite repeated representations, all Respondents failed to act or discharge statutory/public duties, leaving the Petitioner remediless.
Sept. 2025	Hence, the Petitioner has filed the present Writ Petition under Article 226 of the Constitution of India before this Hon’ble Court.

POINTS OF LAW

 

1.   Whether the non-realisation of export proceeds, despite shipment of goods and compliance with contractual obligations, violates the Petitioner’s fundamental right to carry on trade and business under Article 19(1)(g) of the Constitution of India?

 

2.   Whether the inaction of the Respondent Authorities in securing recovery of export proceeds amounts to denial of the Petitioner’s right to property under Article 300A of the Constitution of India?

 

3.   Whether the Respondent Authorities are duty-bound under Section 8 of the Foreign Exchange Management Act, 1999 and the RBI Master Directions on Export of Goods and Services to take effective steps for ensuring repatriation of export dues?

 

4.   Whether the failure to enforce the Uniform Customs and Practice for Documentary Credits (UCP 600) and terms of the irrevocable Letter of Credit results in violation of the Petitioner’s vested contractual rights?

 

5.   Whether the Respondent Authorities can shirk responsibility by contending that the claim lies only in private law, when statutory obligations under FEMA, RBI regulations, and Foreign Trade Policy cast a clear mandate upon them to protect exporters’ interests?

 

6.   Whether the Petitioner is entitled to issuance of an appropriate writ of Mandamus directing the Respondents to secure the export proceeds and ensure compliance with statutory provisions and international trade obligations?