M/S. Embio Limited vs Director General Of Foreign Trade

The Supreme Court upheld the dismissal of a Writ Petition under Article 226 challenging a penalty imposed under Section 11(2) of the Foreign Trade (Development and Regulation) Act, 1992. The Court ruled that the appellant, Emmellen Biotech Pharmaceuticals Limited, could not re-agitate the issue of penalty due to the prior withdrawal of a related Writ Petition by its predecessor, Karnataka Malladi Biotics Limited, without reserving liberty. The Court emphasized the importance of procedural compliance in judicial proceedings, affirming the High Court's decision.