TMI Blog1984 (7) TMI 267X X X X Extracts X X X X X X X X Extracts X X X X ..... as Limited, Bhavnagar, but it changed hands. The company was originally located at Bhavnagar but the new management shifted the company from Bhavnagar to Limdi. The afore-mentioned licence for import of 1575 cylinders was valid up to 14th January 1978. On 27th December 1977 the new management applied for revalidation of the licence. The Chief Controller of Imports Exports wrote to the petitioner company inquiring about the date of the valid contract signed by the company for the import of the cylinders to enable them to consider the request for the revalidation of the licence. The petitioner company on 5th May 1978 wrote to the Controller of Imports and Exports informing that M/s. Pannonia Foreign Trading Company, Budapest (Hungary) had a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent petition for a writ of mandamus requiring the respondents to revalidate the licence up to a reasonable date to enable the petitioner to import 1575 gas cylinders covered by the licence. 4. The respondents in their reply have stated that revalidation of the licence was refused for the reason that the petitioner had not shown any progress in the utilisation of the import licence in question during its validity of 38 months and secondly that the Capital Goods Main Committee had decided that import licences, where there was no change involved (change in the matter of source of supply or value etc.) should not be revalidated. The respondents have further stated that the request for revalidation on 21st July 1979 was rejected in view of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch has been utilised during the initial period of validity including period of revalidation already availed of, "if any, in the appropriate columns of the prescribed application form. It is not necessary for an importer to get his import licence revalidated merely for the purpose of remittances against the imports already made. In such cases the importer may approach the authorised dealers in foreign exchange with the relevant documentary evidence showing that the goods were imported within the validity period of the licence. The authorised dealers in foreign exchange will consider such cases in accordance with the relevant rules. (2) Actual users. - Requests for revalidation of actual user licences will be considered on merits by a licen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... does not specify the reason for the refusal to revalidate but in the counter affidavit the respondents have stated that since the petitioner company had not shown any progress in the utilisation of the import licence during its validity of 38 months the request for revalidation was rejected. 8. Shri T.U. Mehta, learned advocate for the petitioner, has contended that an order for import of the cylinders was placed with a firm at Budapest (Hungary) in May 1977 and the said firm had accepted the order and the delivery was to be effected within four months of the opening of the letter of credit. Shri Mehta contended that the petitioner could not open the letter of credit for financial reasons and that in October 1978 the Bank of Baroda ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y of cylinders. As already stated, the licence was granted on 8th May 1974 and it was not utilised till December 1977 when an application for revalidation was made. On the facts stated it can not be said that the reason given by the respondents that the petitioner had not shown any progress in the utilisation of the import licence was wrong. In aay case, it was for the authority concerned to take a decision on the material placed before it to revalidate the licenceor not. This court cannot substitute its opinion for die opinion formed by the competent authority. 10. In my opinion no case has been made out for interference. The petition is dismissed. As there has been no appearance on behalf of the respondents, I leave the parties to bear ..... X X X X Extracts X X X X X X X X Extracts X X X X
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