TMI Blog1991 (4) TMI 244X X X X Extracts X X X X X X X X Extracts X X X X ..... of Rs. 5,19,77,557/- for the import of uncut and un-set diamonds. The said Imprest Licence expressly contained a stipulation that it was subject to the conditions in force at the time of the issue of the licence. On the 7th/8th July 1983 Redemption Certificate was granted to the petitioner. On the 30th June, 1984 the petitioner s Export House Certificate expired. On 2nd August 1985 the petitioner applied to the third respondent for endorsement under para 185(4) of the relevant Policy AM-83. This application dated 2nd August 1985 came to be rejected under the impugned order at Exh. D dated 16th August 1985. The three grounds set out in the impugned order are :- (i) An endorsement for OGL items is granted to an Export House holding a val ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nge in the subsequent year." Special Leave Petition (Civil) No. 7389 of 1985 was also dismissed by the Supreme Court on 19th July 1985 with the observation that there was no point of substance which was required to be considered in that case. It is true that a contention based on the provisions of para 185(7) of the Import-Export Policy was sought to be raised before the Supreme Court in M/s. H. Patel Co s case. However, in the facts of the case before it, the Supreme Court did not permit the Union of India to raise the contention in the said Special Leave Petition. The said contention based on para 185(7) of the said policy was, however, left open to be considered in an appropriate case when an occasion so arose. 2. Thereafter, anoth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... goods shall take place within the validity of the OGL i.e. 31st March 1983 or within the validity period of the import licence itself (without any grace period), whichever date is earlier. This restriction will also apply to licences issued before 1-4-1982 in respect of items which continue to be on OGL in 1982-83 policy. (The restriction regarding grace period will not, however, apply in cases where shipment can be made within the permissible grace period on or before 31-3-1983.) Applying the rule of harmonious construction the two provisions were re-conciled and it was held by Pratap J. as under : If a general provision runs inconsistent with a particular provision, the latter would not thereby cease to operate but, by the rule of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g revalidation and endorsement. M/s. Madhukar Co., the petitioners, in writ petition No. 694 of 1983, were further directed to pay costs of Rs. 2,500/- as condition precedent. 4. In view of the dates set out earlier, we think, that while the petitioners have a right to ask for revalidation and the consequent endorsement, there does appear to be a delay on their part in approaching the respondents as late as on 2nd August 1985 after their export house certificate had expired on 30th June, 1984. In our view, therefore, an order similar to one passed in M/s. Madhukar Co. s case would strike the balance. Hence we order that the petition partly succeeds as under : (a) The impugned order dated 16th August 1985 at Exh. D to the petition ..... X X X X Extracts X X X X X X X X Extracts X X X X
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