9911796707
TMI Blog1986 (8) TMI 332X X X X Extracts X X X X X X X X Extracts X X X X ..... performance in the import field, the petitioner claimed to be entitled to an Export House Certificate for the year 1981-82. An application made by the petitioner for the grant of such a certificate was rejected, which drove the petitioner to this court by filing a writ petition under Article 226 of the Constitution of India, being Writ Petition No. 1274 of 1982. This petition was allowed by Pendse, J. by his judgment and order dated 16th of December 1982. Pendse, J. directed the respondents to grant to the petitioner an Export House Certificate within a period of one month from the date of the said order. The respondents were further directed to consider on merits the application of the petitioner for an additional licence as contemplated b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te, for the endorsement of certain REP licences which the petitioner says had been purchased by it during the relevant year of the Import policy. This application for the endorsement of REP licences was rejected by the Controller of Imports and Exports by his letter dated 25th of May 1983 on the ground that the licences sent for endorsement had expired. This was for the obvious reason that the said licences were for the period 1981-82. There is a subsequent communication dated 16th of July 1983 which relates to the additional licence, again informing the petitioner that the said application could not be granted as the petitioner had not submitted the RCMC from Engineering Export Promotion Council. Aggrieved by these two orders passed on 25t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... made an application for the endorsement of the REP licences under paragraph 185(2) of the Import Policy. This application, as already mentioned above, was rejected by the Controller of Imports and Exports and, therefore, the petitioner has sought a direction from this Court requiring the respondents to take action for such endorsement and since there is already a delay the further request that it should be revalidated for a period of six months from the date of the endorsement. 7. Mr. Lokur has resisted this claim by contending that the REP licences for which endorsement is sought were for the period much prior to the period for which the Export House Certificate has been given. The Export House Certificate has been given, according to Mr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he facilities which would flow from that certificate for that particular year should be made available to him. This despite the fact that for one reason or another the Export House Certificate was not granted to the person concerned. 8. In the instant case also the petitioner was denied wrongly the Export House Certificate which was ordered to be given by this Court. If thereafter the Export House Certificate is given for the year 1981-82 then, in my opinion, all the facilities to which the petitioner would have been entitled to under that licence must be restored to it. On this ground I am upholding the claim of the petitioner to get the REP licences which were valid for the year 1981-82 endorsed and revalidated as directed hereinafter. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oner would be getting an Export House Certificate. By his communication dated 25th of May 1983 the Controller of Imports and Exports returned the licences including the transfer letters of those licences which had been submitted by the petitioner to that officer. The transfer letters obviously indicate the dates of the transfer of the various REP licences which were sought to be got endorsed by the petitioner. Therefore it cannot be said that the petitioner has purchased dead licences, a situation which is almost impossible, after those licences had lost their period of validity. 12. If the REP licences are endorsed as prayed for by the petitioner they will have to be naturally revalidated for the simple reason that the endorsement under ..... X X X X Extracts X X X X X X X X Extracts X X X X
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