1990 (9) TMI 204 - HC - Customs

Summary

Issues:
1. Grant of additional licenses, cash incentives, and replenishment licenses based on export for the year 1978-79.
2. Renewal of export house certificate for a further period.
3. Effect of interim orders passed by the Single Judge on the export of Argenti Nitrus.
4. Allegation of vindictiveness by the respondents against the petitioners.
5. Claiming further relief based on interim orders.
6. Violation of fundamental rights and implementation of export policy by the respondents.
7. Benefit accruing for exports made in pursuance of interim orders.
8. Merits of the petitioners' argument regarding interim orders.
9. Applicability of Writ of Mandamus in the case.

Analysis:

1. The petitioners sought directions for additional licenses, cash incentives, and replenishment licenses based on their exports for the year 1978-79. They also requested renewal of the export house certificate. The respondents refused these benefits, citing the export of Argenti Nitrus as falling under a banned category, leading to a legal dispute.

2. The petitioners exported Argenti Nitrus based on interim orders from the Single Judge of the Bombay High Court. However, the Division Bench set aside these orders, stating that the export of Argenti Nitrus was banned. The petitioners then filed a Special Leave Petition in the Supreme Court, which is pending.

3. The petitioners alleged vindictiveness by the respondents due to their High Court petition. The court found no evidence of vindictiveness and stated that the respondents were implementing the export policy as required.

4. The court emphasized that interim orders do not create legal rights and cannot be used as a basis for further relief once they are set aside. The petitioners' claim for benefits based on interim orders was deemed unsustainable.

5. The petitioners argued that the Division Bench left the issue of benefits open, but the court rejected this argument, stating that the final order had set aside the interim orders, rendering the benefits claimed invalid.

6. The court clarified that the Writ of Mandamus is not an automatic remedy and can only be issued when legal rights are infringed. Since the interim orders did not create legal rights for the petitioners, their writ petition was dismissed, and no costs were awarded.

In conclusion, the court dismissed the petitioners' claims for additional benefits based on interim orders, emphasizing that interim orders do not confer legal rights and cannot be used to claim further relief once set aside. The court found no evidence of vindictiveness by the respondents and clarified the limited scope of the Writ of Mandamus in such cases.