TMI Blog1986 (1) TMI 277X X X X Extracts X X X X X X X X Extracts X X X X ..... mport Export Policy for the period AM-81 made provisions pertaining to the registration of export contracts and recited that in order to provide stability for growth of export scheme came to be introduced for registration of contracts. The petitioner is a recognised Export House and enjoys facilities for import in terms of paragraph 174 of the said AM-81. One of the facility is of import replenishment licences as also of import of items placed on Open General Licence in the manner laid down therein. 2. On March 26, 1984, the licensing authority issued licence dated March 26, 1984 of the value of Rs. 2,05,800 authorising the import of Diamonds unset and uncut . The said licence was issued with the incorporated conditions at the reverse th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er, under the impression that the respondents would rely upon the affidavit of Shafat Ahmed, prepared an affidavit-in-rejoinder on September 4, 1985 and filed it in Court on January 10, 1986 after giving the copy of the same to the respondents. The petition was called out for hearing in the last week and was adjourned on the application of Shri Desai, learned counsel appearing on behalf of the respondents. At no stage the respondents informed the petitioner or the Court that the Affidavit of Shafat Ahmed is not filed or affidavit of Chaturvedi is filed without giving copy of the same to the petitioner. When the hearing of the petition commenced, the fact that the affidavit of Shafat Ahmed was not filed came to my attention and when I enquir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n my judgment, the action of the respondents is entirely unsustainable and the petitioner is entitled to the relief. 5. The petitioner has tendered draft amendment which is taken on record and marked X . Amendment granted. Amendment to be carried out within two weeks. The petitioner claims that due to the pendency of the petition in this Court, the period of licence has expired and, therefore, the respondents should be directed to revalidate the licence for a further period of one year from the date of deletion of Condition No. 2 inserted in the licence. 6. Accordingly, rule is made absolute and Respondent No. 2 is directed to delete Condition No. 2 from the licence dated March 26, 1984 and the copy of which annexed as Ex. A to the p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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