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TMI Blog1991 (10) TMI 129X X X X Extracts X X X X X X X X Extracts X X X X ..... EP Licences to the concerned REP Sections along with realisation of the export proceeds against REP Licences obtained by them for suitable endorsement to the effect that the entire export proceeds have been realised. This was to enable the authorities to consider the request of the licencees for their import operations. Public notices had been issued by which additional provisions were incorporated as evidenced by Exhibits 'H' and 'I' dated 23-4-1991 and 9-5-1991 respectively. This was followed by a public notice Exhibit 'J' dated 16-5-1991. It is sufficient at this stage to indicate that these public notices have brought about changes in relation to the obligation of the REP licence holders, with a view to ensure that the export on the basis of which the licences had been issued, had been as a matter of fact, effected. 4. On 15-7-1991, the petitioner made a request evidenced by Exhibit 'E' for enabling him to effect the necessary import of diamonds as indicated therein. On the very next day, a letter dated 16-7-1991 was addressed by the petitioner to the Joint Chief Controller of Imports and Exports, Bombay. It refers to an advice from the 4th respondent that they could not accep ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... benefits, depending upon the fluctuations of fortunes. Atmospheric changes took the wind out of the sails in the days of smaller skiffs, which set sail to distant lands in search of pearls and spices. A turn of events, including those brought about by the administrative exigencies, may make or mar the fortunes of those riding on the turbulent waves of trade. 11. Law comes to the protection of those who have a rough deal in relation to their just rights. The evolution of 'promissory estoppel' was to defeat injustice, and further justice. An analysis of judicial decisions rendered in this behalf with particular reference to the actual issues arising therein and the backdrop of facts and circumstances relevant thereto would make the idea clear. (Wide observations are bound to be there when general and broad features which do not form the subject matter of the particular case are detailed in support of the ultimate conclusion. They do not form the ratio of the decision : The trained jurist mind would not read them as if they form the words of a statute intolerant of the slightest divagation.) Even when the doctrine of promissory estoppel is attracted, there are situations where the C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9 of 1990, decided on 16th September 1991. In the present case, there is not even adequate pleading of an unqualified representation and the petitioner altering his position acting on it and his suffering a determinant in the sense of an injustice as explained by the Supreme Court. 13. On the facts and materials of the present case, we do not find any vested right or a crystallised one which enures to the benefit of the petitioner. The rights under the licence were even at as late a stage as the time of arrival of the imported goods. That had been loudly declared in the licence itself. If the petitioner voluntarily and willingly became a transferee of such a licence, he cannot later complain about any pain. He had to be ready to face the worst operation. 14. Even from a larger perspective, the petitioner's contention has no factual base or legal force. The very foundation of the issue of REP licence was an export performance which would earn for the Nation valuable foreign exchange. It is not open to the holder of the licence to disclaim the basic liability of an export obligation underlying the issue of licence itself. It was certainly open to the Government to plug the loophole ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... low the belt as it were, to the State which acted fairly and even indulgently. A Constitutional Court will not willingly permit such sharp practices, even when veiled by grabs of attractive legal colours. 16. Counsel for the petitioner cited in support of his contention, the decisions in (i)M/s. Bharat Barrel and Drum Mfg. Co. (P) Ltd. v. The Collector of Customs, Bombay [AIR 1971 SC 704], (ii) Kaptan's Enterprises v. Union of India [AIR 1986 Delhi 221], and (iii) Gramin Sewa Sanstha v. State of M.P. [1986 (Supp.) SCC 578]. They are distinguishable having regard to the clearly distinct facts as present in the case and indicated in some great detail above. In the present case, it is not the State that has deviated from its promise but the trader himself. The shrewd transferor had insulated himself against possible action at the instance of the transferee by protective clauses contained in the document of transfer. The frustration of the transferee-petitioner is understandable when he says,"......... the licence holder has already transferred the licence to the transferee and would be unwilling to co-operate as he has already received his money........." The Court cannot, and need n ..... X X X X Extracts X X X X X X X X Extracts X X X X
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