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TMI Blog1985 (9) TMI 240X X X X Extracts X X X X X X X X Extracts X X X X ..... id import policy and the canalising agency was Respondent No. 4. 3. In the past before this item was canalised, petitioners used to obtain their quota of basic ingredients of the aforesaid two basis material by directly importing the same in terms of Import Policy then in force. 4. By the Import-Export Policy as aforestated these two items are canalised and are covered by Appendix 5, para 4 of the said policy. As a result of such canalising, the Petitioners are registered to import their requirements of the aforesaid two items through the aforesaid canalising agency. 5. On 12th October, 1984, the Petitioners sent to the aforesaid canalising agency two separate applications for respective import of the aforesaid two items. The said applications were sent along with the prescribed D.D. of Rs. 50.000/- being the earnest money. The Petitioners are required to furnish in the terms of para 68 of the aforesaid policy earnest money being paid as mentioned in Ex. B in the enclosure to the application. The Petitioners also mentioned the requirement for the whole year approx. 800 M. Tonnes and gave general description of the quantity as Tinplate w/w Bright General Soft, pinhole free ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and they require all bright material and that too in original mill packing and they again requested R/4 to assure them that the material shall be bright and it should be original mill packing. The petitioner asked for the confirmation. It was also pointed out by the Petitioners that as per Import Policy Book, Canalizing agency shall take prompt action and have to allot specified material within 60 days from the date of payment of Earnest money and again informed R/4 that they were badly in need of the raw material and therefore prompt action would be appreciated. No reply was received to their communication and on 10.1.1985 the petitioner sent a telegram to R/4 and called upon him to issue a No Objection Certificate in terms of para 155 of the Hand Book of Import Export Policy 1984-85. Since it was apparent that it was not possible for R/4 to release the goods as required by the petitioners. 7. I may mention that a communication was also sent by R/4 to the Petitioners on the same terms as the telegram was sent on 21.12.1984. This communication was by way of letter of 26th December, 1984, but the contents were the same. Again no reply was received to this telegram on 10.1.1985 e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Canalising Agency if the agency has not been or may not be able to supply the material for no fault of the actual user. This submission is based in the light of para 69 and para 73(2) occurring in Chapter 10 of the aforesaid Policy, Para 69 reads as under :- 69. The Canalising Agency may take such financial cover as it considers necessary before arranging import not exceeding sale value of the quantity registered for 3 months at a time. Para 73(2) reads as under :- 73(2) - in the case of items canalised for import in this Policy which were not canalised in the earlier policy, the eligible Actual User may be allowed to make direct import to the extent of 25% of the c.i.f. value of the actual consumption of that item (imported material only) during the year 1983-84. Actual users should show the availability of this facility and make their import application to the Licensing Authority concerned along with the required statement of consumption duly certified by the Chartered Accountant or Cost Accountant or Company Secretary or sponsored authority. Such application should be made so as to reach the Licensing Authority concerned not later than 15th May, 1984. Such actual user ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t having to obtain No Objection Certificate from the C/A. Such application for direct import licence should be accompanied by a declaration of a senior executive of the applicant firm/company giving the date of payment of earnest money thro C/A, the description of the material registered and its quantity and stating in clear terms that the C/A has not supplied material within 60 days of the payment of earnest money. Declaration should also mention the description and quantity of the same material allocated to the applicant firm/company by the C.A. in the previous financial year and quantity of the material due for allotment in respect of which supply has been delayed. This facility, however, will not be available for items listed in paras 150, 151 above and for items in Appx. 5 Part II of Import-Export Policy, 1984-85. 11. We are not really concerned with para 155(2) as goods in dispute were not canalised items in the earlier order, but para 155(2) is however, relevant from one point of view that it explains that if actual user has registered demand with the Canalising Agency concerned and Canalising agency does not supply the material within 60 days from the date actual user ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... within 60 days as contemplated by para 155(1) of the aforesaid Policy. R/2 and 3 have not filed any counter-affidavit but filed reply of the application which was filed by the petitioner for ad-interim ex-parte relief. This reply position taken by Respondent No. 2 and 3 is that when they had received the application for direct issuance of import licence from the petitioner in relation to both the items, the querries were sent to Respondent No. 4, if they have refused to supply. 16. Respondent No. 4 submitted that petitioner did not accept the offer. I have already noticed there was really no offer in items of para 155 of Import-Export Policy by R/4. They wrongfully informed the R/2 and 3 to their own face, as if they had made the proper offer. In view of this report of Respondent No. 4, R/2 and 3 had declined to issue the import licence. If R/2 and 3 were relying on the report of R/4 which was sent behind the back of the petitioner and was also received behind their back. Petitioners ought to have been told by Respondent No. 2 and 3 and then the petitioner would have the opportunity to explain this position so far as tin-plate waste/waste is concerned. Regarding M.S. Steel Sheet ..... X X X X Extracts X X X X X X X X Extracts X X X X
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