TMI Blog1989 (4) TMI 192X X X X Extracts X X X X X X X X Extracts X X X X ..... dent. [Oral Judgment]. - The Petitioners were granted Advance Licence for import of Synthetic Waste. Between the 25th of May 1981 and 22nd of September 1983 the Petitioners not only fulfilled the export obligation under the Advance Licence but exported excess goods which entitled them to an export entitlement certificate for Rs. 1,04,80,680/-. On account of this the Petitioners became enti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to an end on the 31st of March 1988 and a new Policy of 1988-91 came into force with effect from the 1st of April 1988. On the 13th of May 1988 the Joint Chief Controller s Office informed the Petitioners that their request for splitting up the licence could not be granted since there was no provision of splitting of licences in the 1988-91 Import Policy. The Petitioners by their representation d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ers could be said to have earned the right to get the said licence. That right came into effect under the 1983-84 Import Policy. In my judgment that right cannot be taken away by any changes made in the subsequent Import Policy. The Petitioners claim for splitting up cannot be frustrated merely on the ground that the application was served upon the Joint Chief Controller s Office about 26 days la ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , are quashed and the Respondents are directed to split up the Petitioners Replenishment Licence as per their prayer contained in their application dated the 30th of July 1987. The Respondents shall deliver the licence so split up after revalidating the same for a period of one year from the date of the issue of the split up licences. The aforesaid directions shall be complied with within a perio ..... X X X X Extracts X X X X X X X X Extracts X X X X
|