9911796707
TMI Blog2004 (1) TMI 398X X X X Extracts X X X X X X X X Extracts X X X X ..... ting and exporting of garments and other textile products. In connection with the said business the appellant has to import diverse quantities and qualities of fabrics and yarn from outside India which fabrics and yarn upon due processing are exported. It is not disputed that import of fabric and yarn into India is controlled by the respondent authority by issuance of annual advance licence. 3. On 17-3-2001 the appellant applied to the respondent authorities for issuance of the annual licence in the requisite form. Annual advance licence No. 0210021075, dated 28-3-2001 was issued to the appellant firm in terms of Para 7.54 of the Handbook of Procedure with a condition that the licence shall be valid for 12 months for imports and 18 mo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Handbook of Procedure Vol. I which is to the following effect : "4.15 (a) The validity of import licence from the date of issue of licence shall be as follows : xxx xxxx (b) Where the date of expiry of the licence falls before the last day of the month, the licence shall be deemed to be valid until the last day of the month." the appellant filed writ appeal seeking extension of period till 30-4-2002 in view of the aforesaid provisions of the Handbook. The respondent did not file any appeal against the order of the learned single Judge. 7. Division Bench observed that as per the provisions of the Handbook the validity of the licence was to be for 12 months from the date of issue of licence and ther ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rom the date of expiry of the validity period. However revalidation of freely transferable licences and stock and sale licence shall not be permitted. An application for revalidation may be made to the licensing authority concerned in the form given in Appendix-12. However in such cases where revalidation of the licences is to be considered by DGFT, the original application along with TR/Demand Draft shall be submitted to the regional licensing authorities concerned and copy of the same shall be submitted to DGFT." 9. Under clause 4.16, quoted above, the licensing authority is vested with the power to revalidate the licence for a period of six months at a time but not beyond a period of 12 months reckoned from the date of expiry of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or 12 days making the expiry date to be 12-4-2002 which was illusory. During the course of the arguments learned senior counsel appearing for the appellant asked for extension of the licence period of 3 weeks only. In the instant case, if the licence period is extended, as prayed for, no one would suffer any loss and injury whereas the appellant would suffer huge financial loss as well as injury to his reputation and good-will in the foreign market. 12. Keeping in view the peculiar facts and circumstances of the present case and without creating any precedent and, to do complete justice between the parties, we deem it appropriate to direct the authority to extend the period of licence for a period of 3 weeks from the date of the reval ..... X X X X Extracts X X X X X X X X Extracts X X X X
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