9911796707
TMI Blog1981 (10) TMI 176X X X X Extracts X X X X X X X X Extracts X X X X ..... as M/s. Royal Plastic Box Manufacturing Co. and are doing the business of manufacturing of jewellery boxes at 11, Third Agiary Lane, Zaveri Bazar, Bombay 3. The petitioners applied for a licence to deal in gold in the prescribed form on November 30, 1970. Along with the application, the petitioners deposited the requisite amount as provided by the Gold Control (Licensing of Dealers) Rules, 1969 (hereinafter referred to as the Rules). Rule 2 provides that on receipt of the application for the issue of a licence, the Administrator shall consider the matter set out in that Rule. The two main requisites which are required to the considered by the Administrator are that the person applying for licence had an experience with regard to the dealing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he authorities below were in error in rejecting the application on the ground of lack of experience. On the strength of that finding the revisional authority remanded the proceedings to the Collector, Bombay for a decision as to whether other conditions prescribed under Rule 2 were satisfied. 4. Curiously on remand, the Collector of Customs (Preventive), Bombay, by his order dated March 2, 1978 rejected the application on the ground that the petitioner had no experience in dealing with gold ornaments, and therefore, the requirement of Rule 2(b) was not complied with. The petitioners have approached this Court by filing this petition to challenge the legality of that order. 5. Shri Nain, the learned Counsel appearing in support o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n merits within a period of four weeks from to-day.
7. Accordingly, the rule is made absolute and the impugned order dated March 2, 1978 is set aside and the Collector is directed to dispose of the application for grant of licence before November 16, 1981. The Collector shall proceed on the basis that the petitioners have satisfied the requirements of Rule 2(b) and would consider whether other requirements of Rule 2 are satisfied or not. The Collector is specifically directed not to reopen the issue of experience of the petitioners and decide only as regards the satisfaction of other conditions.
As the order passed by the Collector is entirely unsustainable, the respondents shall pay the costs of the petitioners. X X X X Extracts X X X X X X X X Extracts X X X X
|
