TMI Blog1982 (3) TMI 76X X X X Extracts X X X X X X X X Extracts X X X X ..... ures in the name and style of S.S.I. Films. They decided to produce the Motion Picture named "SAAZ AUR AWAZ". For the purpose of production of the said film "SAAZ AUR AWAZ" the producers (hereinafter referred to as the "the petitioners") applied to the 2nd respondent for issue of licences for import of colour films. The 2nd respondent accordingly issued three licences to the petitioners. The first licence is dated 10-1-1963 for the value of Rs. 80,000/-, second is dated 2-3-1965 for the value of Rs. 1,53/356/- and the third is dated 29-9-1965 for the value of Rs. 1,00,125/-. While issuing the said three import licences the 2nd respondent put a condition upon the petitioners to the effect that the petitioners shall earn foreign exchange and /or export the said Motion Picture to the extent of about 133.33 per cent of the value of the films imported under the said licences. It is no more in dispute that the value in respect of the first two licences was made good by the petitioners. It is also no more in dispute that the petitioners have imported the goods under the third licence and exhausted the same to the extent of Rs. 98,091/-. The petitioners, therefore, say that the obligation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... worth Rs. 17,983.94. It is relevant to note here that on June 6, 1966 the Indian currency was devalued. The 2nd respondent by his letter dated April 26, 1969 at Ex. P asked the petitioners for higher export due to the devaluation. The petitioners replied to the said letter by their letter dated May 3,1969 stating, inter alia, firstly that the said film was a flop picture, therefore, the foreign buyers were not even willing to take delivery on the contracted price; secondly as they have practically fulfilled the obligation of earning the foreign exchange excepting to the extent of Rs. 2,036.08 and thirdly that it was not possible for them to earn the foreign exchange on the enhanced basis due to devaluation of the rupee. On June 2, 1969 the petitioners produced documents showing additional foreign exchange which they had earned by exporting the said film to the extent of Rs. 22,915/-. The 2nd respondent felt that the petitioners have failed to comply with the terms and conditions of the bond to get the foreign exchange as agreed and therefore by his letter dated January 22,1971 asked the bank why the said bond should not be forfeited. It may be stated that the 2nd respondent did not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oreign exchange and also informed the respondent No. 2 to the effect that a part compliance of the said bond was already effected to the extent of Rs. 55,000/-. The said amount was partly recovered then and partly thereafter. The 2nd respondent by his letter dated June 24,1968 agreed to extend the period for compliance with the condition of the said bond with regard to earning of the balance of the foreign exchange provided the petitioners renewed and/or furnished a bank guarantee for a further period of one year. In compliance with the said letter the petitioners sent a bank guarantee renewed and valid upto December 1, 1969. The petitioners by their letter dated July 1, 1968 further informed the 2nd respondent that they had submitted the documents of having exported the said motion picture and earned foreign exchange to the extent of Rs. 30,603.14. The petitioners by their letter dated December 2,1968 applied for extension of time to the 2nd respondent for compliance with the terms of the said bond and the 2nd respondent by his letter dated January 4, 1969, informed the petitioners that their obligation for extension of time for compliance with the said bond will be considered pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot possible for them to earn foreign exchange on the enhanced basis at the rate of 57.5 per cent above the original amount in view of the devaluation of the rupee. The petitioners therefore stated that the total earnings made by export of the said film is set out in the schedule of earning is annexed to Ex. I. and therefore they are not liable to earn anything more. According to the petitioners the letter issued by the 2nd respondent to the bank forfeiting the bank guarantee is illegal and they have no right to forfeit the same. 7. The 2nd respondent filed his affidavit and the main contention raised on behalf of the 2nd respondent is that the petitioners were put to w the strict proof to show that they had exported the said film of the value of Rs. 2,05,990/-. The 2nd respondent, also stated that the petitioners must make good the difference of the value of the export after devaluation. The 2nd respondent submitted that the petitioners did not produce the relevant EP copy of the Shipping Bill and therefore in the absence of EP copy of the shipping bill ; the petitioners are not entitled to get any benefit from these documents. The 2nd respondent further averred that the petition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xport promotion copy of the shipping bill was foreign exchange earned has not been utilised for importing anything else or taking other concessions under the Export Promotion Scheme of the Government. I say that I also came to know that if I filed an affidavit to that effect that the earning of the foreign exchange the evidence of which has been produced before the respondent Nos. 1 and 2 has not been utilised for taking any other benefit the matter will be put an end to. I say that the petitioners themselves or even their predecessors-in-title, namely, Shri Surendranath Sinha and Shri Irshad Ali the original producer of the said film have not taken any advantage or benefit under the Export Promotion Scheme of the Union of India or the second respondent. I say that the foreign exchange earned by them from the export of the film 'SAAZ AUR AWAZ' has been utilised only towards the fulfilment of the bond executed by the original producers. I say that no other advantage has been taken either by the petitioners or the original producers against the export of the said film 'SAAZ AUR AWAZ'. I say that the Export Promotion copies of the shipping bill appeared to have been lost or misplace ..... X X X X Extracts X X X X X X X X Extracts X X X X
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