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TMI Blog1989 (3) TMI 291X X X X Extracts X X X X X X X X Extracts X X X X ..... e are interlocutory applications, that we have to set out the facts at some detail as otherwise the core of the matter cannot be appreciated. 2. The respondent herein (M/s. Rashi Leather Private Limited) had filed W.P. No. 4683 of 1984. The prayer in that writ petition was one for a mandamus for the issue of additional licence to the respondent for the years 1979-80 and 1980-81. Alleging that on certain false representations, the Export House Certificate had been obtained, the said certificate was cancelled by the Chief Controller of Imports and Exports. This was on 22-9-1984. To quash the order dated 22-9-1984, the respondent had filed W.P. No. 10162 of 1984. It requires to be stated at this stage that the appellants did not choose to file any counter-affidavit in W.P. No. 10162 of 1984. Both the writ petitions, namely, W.P. Nos. 4683 and 10162 of 1984 came to be heard together by V. Ramaswami, J. as he then was. The learned Judge allowed the writ petitions by his judgment dated 17-12-1986. A copy of the judgment was obtained by the respondent on 6-1-1987. The result of the judgment is that the respondent would be entitled to additional licence as prayed for in his writ peti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... TAINED IN THE RELEVANT EXPORT TRADE CONTROL POLICY BOOK AND THE HAND BOOK OF IMPORT-EXPORT PROCEDURES" (FOR THE YEAR 1978-79) AND (1979-80). The other sentences should be deleted from the licences. As per the order of the Madras High Court dated 17-12-1986 by the Hon'ble Mr. Justice V. Ramaswami in the writ petition Nos. 4683 and 10162 of 1984, page 13, para 7 reads as follows: "W.P. No. 10162/84 is accordingly allowed and the order of cancellation of the Export House Certificate dated 22-09-1984 is set aside. There could be no doubt that if the order of cancellation is illegal and would not be accepted, the petitioner is entitled to an additional licence prayed for in W.P. No. 4683/84. Accordingly, W.P. No. 4683 is also allowed as prayed for." It is therefore clear that the Additional Licences should be issued, as per the policy in existence for the year 1978-79 value Rs. 28,27,770/- and for the year 1979-80 value Rs. 24,15,305/-. Hence, the words containing after Import Trade Control Policy Book should be deleted from the Licences. "We request you to kindly send a separate letter stating that these words have been deleted and that they do not apply to the Licences No. 2440956 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lip;………………………………………………………………….…… This contempt application is filed by Messrs Rashi Leather (P) Ltd., represented by its Managing Director A.A. Rasheed on the ground that the order passed by V. Ramaswami, J., (as he then was) dated 17-12-1986 in W.P. Nos. 4683 and 10162 of 1984 has not been complied with. Now it is admitted that the licences have been issued on 7-4-1988 for the licensing period from April, 1979 to March, 1980 and from April, 1980 to March, 1981. Mr. K.N. Basha, learned counsel for the applicant states that certain modifications have to be made in the two import trade control additional licences. The modifications relate to description of goods under column 3. The licence for the period 1979-80 at present reads as "as per para 174/1 of Chapter 18 of Import Policy for April-March, 1979-80". Mr. Basha wants the sub-paragraph (1) of para 174 to be deleted so that it covers the entire paragraph 174. So also the licence for the period 1980-81 at present reads as "as per 177/1 of Chap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me. This Honorable Court may be pleased to consider the administrative factors and the reciprocal arrangements to be made at Delhi in the context.".... On the strength of this, the learned Officiating Chief Justice granted four weeks' further time on 3-10-1988. 6. Having regard to the above, the only and proper course left to the appellants-petitioners was to comply with the order of the court, but for reasons best known to them, this was not done. 7. Be that so, the appellants-petitioners took out an application on 3-10-1988 for the condonation of inordinate delay in filing the writ appeals. While that was pending consideration, the respondent having entertained hope against hope and ultimately finding that all his attempts to get the additional licence were frustrated, moved the Supreme Court in W.P. No. 117 of 1989 to direct the petitioners-appellants to issue additional licences as per the orders of this court. The Supreme Court passed the following order on 8-2-1989. "...If the order of the High Court has not been obeyed, it is open to the petitioner to approach the High Court for enforcing its orders. If the High Court declines to enforce its order, it is permissible ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... asis applied). We have to characterise it to be so because nothing would have been more graceful on the part .of the petitioners-appellants than to issue the licence in accordance with the terms of judgment of V. Ramaswami, J., as he then was. That was not done. However, an argument is put forth saying that because every year there is a change of Import and Export Policy, the licence could be issued in accordance with the year of issue and not the year in quest in the writ petitions. That might be the law; but what prevented the petitioners-appellants from mentioning before the learned single Judge that they were armed with that law and obtaining such liberty? Why were the appellants blissfully ignorant before the learned single Judge and how did the appellants expect the respondent to draw the canon so to say that he should accept the licence as per the policy of the year of issue? Nothing of this kind was done. They simply keep quiet both at the time when the judgment was delivered against them but even later when repeated contempt applications were taken out. 11. We have searched in vain the order of the then learned Officiating Chief Justice Mr. S. Ratnavel Pandian, dated ..... X X X X Extracts X X X X X X X X Extracts X X X X
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