9911796707
|
Home
Issues:
Challenge to order of Additional Director General of Foreign Trade regarding denial of additional license based on timing and policy discontinuation. Analysis: The petitioners challenged an order rejecting their application for an additional license based on exports made during the preceding year. The rejection was due to the application being filed after the prescribed date and the discontinuation of the facility for additional licenses. A writ petition set aside the rejection, directing reconsideration of the eligibility. The Ministry of Commerce rejected the appeal, leading to this petition. The High Court found that the crucial question was whether the petitioners' accrued rights could be denied due to a subsequent policy discontinuation or application timing. The Court noted that the second appellate authority erred in rejecting the application based on time limitations, as observed in a previous writ petition. The Court emphasized that once a right accrued under an existing policy, it could not be nullified by policy withdrawal. The Court disagreed with the appellate authority's reasoning that the petitioners' claim was ineligible due to the policy withdrawal. It was established that the petitioners were entitled to benefits under the policy during the relevant period, and the withdrawal of the policy did not justify denying their claim. A Supreme Court judgment was referenced to support the importance of considering the policy in force when rights accrued. Ultimately, the Court set aside the appellate authority's judgment, quashing the order of the Additional Director General of Foreign Trade. The respondents were directed to pay the petitioners the premium amount owed. The Court granted the requested writs of certiorari and mandamus, compelling the respondents to pay the specified premium to the petitioners promptly.
|
