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Issues involved: Transfer of R.E.P. import license, fraudulent transfer allegations, suspension of license, validity of imported goods, legal principles regarding licenses obtained by fraud.
Transfer of R.E.P. Import License: The petitioners purchased an R.E.P. import license from M/s. Hindustan Trading Company and proceeded to place an indent on foreign suppliers for specified goods. The goods were shipped and bills of entry were filed, indicating a legitimate transfer of the license. The respondents alleged a wrongful declaration by the original license holder, leading to a request for license return and subsequent suspension by the authorities. Fraudulent Transfer Allegations: The respondents claimed that the license transfer was fraudulent, especially during ongoing proceedings initiated by the authorities. However, the petition demonstrated the timeline of events, showing that the bills of entry were filed before the license suspension, suggesting a genuine transfer. The court emphasized the need to establish fraud conclusively and cited legal precedent regarding licenses obtained through fraud. Suspension of License and Validity of Imported Goods: Despite the suspension of the license by the authorities, the court ruled in favor of the petitioners, noting that the goods had already been cleared upon filing the petition. The court declared the petition successful, with no further orders needed regarding the goods clearance or the bank guarantee furnished. Legal Principles Regarding Licenses Obtained by Fraud: The judgment highlighted the legal principle that a license obtained through fraud is voidable and remains valid until formally avoided. Goods imported before the license avoidance are deemed valid. The court granted the respondents the option to pursue appropriate legal action against the original license holder and the petitioners, if deemed necessary under the law. Conclusion: The court ruled in favor of the petitioners, declaring the rule absolute without any costs imposed. The judgment emphasized the importance of establishing fraud conclusively in cases of license transfers and highlighted the legal validity of goods imported before the license avoidance.
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