9911796707
TMI Blog1987 (7) TMI 265X X X X Extracts X X X X X X X X Extracts X X X X ..... production of finished products is exported. 2. The petitioners received an order for the supply of about one lakh numbers of woollen blankets for export to Iran. Synthetic waste is an item which is used for the manufacture of the said woollen blankets. Accordingly, the petitioners submitted an application on 8th September 1982 to the Import Control Authorities for the grant of an Advance Licence for import of the said synthetic waste, so that the same could be processed into the said woollen blankets, which would be exported to Iran. After some correspondence, finally on 6th May 1983 the Import Control Authorities issued to the petitioners an advance licence for the import of synthetic waste of a total C.I.F. value not exceeding Rs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ort Control Authorities, by their letter dated 2nd March 1984 informed the petitioners that the documents produced by the petitioners were accepted towards the export obligation covered by the said Advance Licence against the export documents. They informed the petitioners that they were eligible for Excess Entitlement Certificate to the extent of F.O.B. value of Rs. 43,21,052/- and they gave the details in that behalf. They further informed the petitioners that this excess is in petitioners' favour and the petitioners may prefer application for Import Replenishment Licence in accordance with the Policy along with this Excess Entitlement Certificate in original. They further directed that such application should be preferred within th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cent with regard to the import of synthetic waste. 6. The petitioners thereafter made further representations by various letters. They also pointed out that they had made exports of woollen blankets on the basis that they would be granted REP Licence for the import of synthetic waste. They also pointed out that if the petitioners were not permitted to make imports of synthetic waste upto the full extent, they would suffer serious loss. In the meanwhile, they also asked for extension of the said REP Licence which was to expire on or about 30th June 1986. 7. On 1st May 1986 the Office of the 1st respondent purported to pass an order stating that the REP Licence had been correctly issued and the petitioners' request for deletion ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wever, apply to cases in which the relevant export contracts were registered in accordance with appropriate procedures. The export made against registered contracts will be governed by the provisions of Appendix 20 of this Policy." Relying on this Rule, Mr. Rege for the respondents submitted that when the licence was issued, the new Policy had come into force and under the new Policy the petitioners were not entitled to the full replenishment licence and, therefore, the petitioners cannot make any grievance in that behalf. Mr. Rege also relied on the fact that sometime in November 1983 a suspension order had been passed and according to the said order the petitioners' licence had been placed under suspension for one year and no import lice ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and the relevant observations of the Division Bench are in Paragraph Six of the Appeal, being Appeal No. 232 of 1985 in Writ Petition No. 1465 of 1984, decided on 19th March 1985, Coram: Kania & Kurdukar, JJ. It appears that as against this judgment, the Appellants i.e. the Union of India had gone to the Supreme Court, but the said petition was also dismissed. As regards Para 254 under Chapter 23 (Transitional Arrangements) of Import Export Policy of 1984, in my view that does not say anything against the petitioners. What the said para says is this: "The right of replenishment against the exports made in the earlier period would be the same as applicable on the date of exports. However, if there is any change in the item of replenishment, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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