TMI Blog2014 (5) TMI 1159X X X X Extracts X X X X X X X X Extracts X X X X ..... red by Para 203(1) of the 1983-84 policy, allowing the petitioner to apply for an additional licence within two months of renewal, addressed letter dated 26-2-1992, within eight days of issuance of the certificate, to the Joint Chief Controller of Imports and Exports, Ludhiana, informing him that as it has received a trading house certificate on 18-2-1992, and while referring to a letter dated 27-8-1991 and in continuation of earlier letters, prayed that an additional licence be issued at the earliest - A perusal of the letter reveals that though it states that it may be read in continuation of letter dated 27-8-1991, which in turn relates back to application dated 26-5-1984, which as referred to earlier was filed when the application for renewal of the certificate was still pending, clearly prays for grant of an additional licence. The reasons assigned for rejecting the petitioner’s application are neither tenable nor germane to the controversy in hand but are based upon a perverse and arbitrary attempt to twist facts and misread application dated 26-2-1992 - The respondents have, in our considered opinion and for reasons we are unable to fathom, intentionally and by a technica ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tional licence, on 26-5-1984. The Deputy Chief Controller of Imports and Exports, Amritsar, informed the petitioner, vide letter dated 19-6-1984 that copy of a valid trading house certificate has not been appended and even otherwise, the application is delayed by seven months and 25 days as it had to be submitted up to 30-9-1983. The petitioner replied vide letter dated 29-6-1984 that it has already applied for renewal of its trading house certificate and as soon as it receives the renewed certificate, it shall be submitted. The petitioner also pointed out that as per Para 203(1), of the 1983-84 policy application for an additional licence could be made within 60 days of securing a renewed trading house certificate and as such the application for additional licence is not delayed. The respondents took no action to either renew the petitioner s certificate or grant an additional licence. The petitioner addressed various letters/reminders dated 27-11-1990, 8-6-1991 and 27-8-1991 but to no avail. 3. The petitioner was eventually issued a certificate of renewal/recognition, as a trading house, on 18-2-1992, valid with retrospective effect from 1-4-1983 to 8-11-1983 and, therefore, i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aintainable for want of a trading house certificate instead of filing a fresh application. The finding has been recorded by ignoring Para 203(1) of the 1983-84 policy, which allows the filing of an application within two months of renewal of the certificate, ignored the fact that application for additional licence filed on 26-2-1992, within 8 days of receipt of certificate of recognition as a trading house, does not pray for renewal of application dated 26-5-1984 and undisputedly prays for an additional licence. The application, therefore, could not have been rejected by holding that application dated 26-2-1992 merely seeks renewal of application dated 26-5-1984. The question was not whether application dated 26-5-1984 was filed without a trading house certificate but whether any application was filed, for grant of an additional licence, within two months of issuance of trading house certificate. Admittedly, application dated 26-2-1992 for additional licence was filed within two months of renewal certificate on 18-2-1992 and within the period prescribed and rights conferred by Para 203(1) of the 1983-84 policy. The petitioner was, therefore, well within its rights, in terms of Para ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -84 policy, the petitioner was eligible for grant of an additional licence and within two months of issuance of the renewed certificate, on 18-2-1992, filed an application dated 26-2-1992 for grant of an additional licence but have rejected the application, on the specious ground that application dated 18-2-1992, merely prays for revival of application dated 26-5-1984, which was not maintainable and therefore, cannot be construed as a fresh application for issuance of an additional liecence. The respondents have, in essence, taken a stand that application dated 18-2-1992, though filed within time cannot be entertained as it cannot be construed to be a fresh application filed after receipt of the renewed certificate but is for renewal of an application that was not maintainable. 8. Before we record our final opinion, it would be necessary to chart out the course of this unnecessary litigation. 9. Admittedly, the petitioner was recognised as an export house, vide certificate Annexure P-1, dated 28-12-1982, issued by the Ministry of Commerce, Office of the Chief Controller of Imports Exports, New Delhi, valid from 1-4-1982 to 31-3-1983. The certificate was issued in accordance ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ouse certificate, and the application, is late by 7 months and 25 days. The petitioner was asked to furnish deficient information within 30 days, failing which the application will be automatically closed without any further reference . A relevant extract from letter dated 19-6-1984, reads as follows : - With reference to your application No. OWM/Br./3719, dated 24-5-84 on the above subject, I write to say that : (i) Copy of valid Trading House Certificate not furnished. (ii) Application was to be submitted upto 30-9-1983 but the same has been received on 26-5-84 i.e. late by 7 months and 25 days without giving any reasons for late submission of application. The deficient information should be furnished within a period of 30 days from the date of issue of this letter, failing which your case will be automatically closed without any further reference. 11. The petitioner replied vide letter dated 29-6-1984 and clarified that it has applied for renewal of its trading house certificate, on 25-7-1983 and it shall submit the certificate as and when the renewed certificate is received. The petitioner also pointed out that as per Para 203(1) of the 1983-84 policy, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n of earlier letters, prayed that an additional licence be issued at the earliest. A relevant extract from letter dated 26-2-1992, reads as follows : - With reference to the above and in continuation to our letter No. OWM/E/146H/2866, dated 27th Aug., 91 we are enclosing herewith the Photostat copy of the Trading House Certificate No. 253, dated 18-2-1992 issued by the office of the Chief Controller of Imports and Exports, New Delhi with validity from Ist April, 1983 to 8th Nov., 1983 along with the copy of the covering letter dated 25-2-92 of the CCI E, New Delhi. Please find the same in order and issue us the Additional Licence at your earliest. 14. A perusal of the letter reveals that though it states that it may be read in continuation of letter dated 27-8-1991, which in turn relates back to application dated 26-5-1984, which as referred to earlier was filed when the application for renewal of the certificate was still pending, clearly prays for grant of an additional licence. 15. It would be appropriate at this stage to once again notice that as per the 1983-84 policy, additional licence could be applied within two months of renewal of the trading house certificat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , New Delhi, dismissed the application by holding as follows : - 8. I have examined the full facts of the case. The policy clearly prescribed that application for additional licence has to be filed within two months after securing the Trading House Certificate. The policy is also very clear that an application for additional licence can be filed only when the applicant is holding a valid Trading House Certificate. In the instant case the applicant filed an application at a time when he was not holding a valid Trading House Certificate. Therefore, this application could not have been considered. On the other hand when he was granted a Trading House Certificate, he did not submit an application within the stipulated period of two months from grant of the Trading House Certificate. Instead the applicant has submitted a copy of the Trading House Certificate to the Licencing Authority at Ludhiana on 26-2-1992 with references to the application filed by him on 26-5-1984 instead of filing a fresh application. As the application filed by him on 26-5-1984 was not valid the same could not be revived based on the Trading House Certificate submitted by the applicant on 26-2-1992. 9. Aft ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... revival of application dated 26-5-1984 but instead specifically prays that an additional licence be issued. The use of the words in continuation etc. does not raise an inference, as held by the respondents that letter dated 26-2-1992 merely seeks revival of application dated 26-5-1984. 25. A further appraisal of the facts would reveal that though application dated 25-5-1984 was not maintainable, at that instant in time but the petitioner vide letter dated 29-6-1984 informed the respondents that it would place the certificate on record as and when it is received. Thus, even if application dated 26-5-1984 was not maintainable but as the petitioner informed the respondents that he would place the certificate on record as and when it is received, there was no reason for the respondents to hold that application dated 26-2-1992 merely seeks revival of application dated 25-5-1984 or that letter dated 26-2-1992 has not been filed for grant of additional licence and merely seeks revival of application dated 26-5-1984. 26. The petitioner fulfils all relevant criteria for grant of an additional licence. The respondents kept the petitioner s application for renewal of trading house ce ..... X X X X Extracts X X X X X X X X Extracts X X X X
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