9911796707
TMI Blog1993 (3) TMI 206X X X X Extracts X X X X X X X X Extracts X X X X ..... ilable indigenously as the available waste is used by the spinning mills in the reprocessing and is mixed with viscose, cotton, wool, etc. The petitioners are, therefore, required to import waste yarn. 2. In accordance with the provisions of Paragraph 82(1) of the Import Export Policy, the petitioners applied for issuance of supplementary licences to actual users and the application was recommended by the Textile Commissioner. The petitioner was granted supplementary licence on July 16,1986 for import of hard synthetic waste of c.i.f. value of Rs. 50 Lacs. On issuance of the licence, the petitioners approached several foreign suppliers. However, the suppliers indicated their inability to supply material as required by the petitioners. Ult ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd directed the respondents to revalidate the licence till December 31,1990. In pursuance of the revalidation, the petitioners placed order for import and registered the contract with Syndicate Bank. The respondents, in the meanwhile, preferred appeal on June 27, 1990 before the Division Bench against the order of the trial Judge directing revalidation of the licence. The appeal was admitted and the order was stayed. The appeal was disposed of on January 8,1993 and the order of the Single Judge directing revalidation pending hearing of the petition was set aside and the petition was set down for hearing. Accordingly, the petition is placed for final hearing. 4. Shri Bulchandani, learned counsel appearing on behalf of the petitioners, subm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ble licence and could not have been used for import of any other item. We are inclined to direct the respondents to revalidate the licence in spite of the fact that the revalidation is not going to confer any advantage upon the petitioner or cause any disadvantage to the respondents only because we find that the Textile Commissioner had come in the way of the petitioners in revalidating the licence. 5. As mentioned hereinabove, on application made by the petitioners for revalidation of the licence, the Government of India made reference to SASMIRA to determine the availability of synthetic waste in the country. The reference was made because the application for revalidation was rejected only on the ground that waste yarn is available in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e was utilised, then there was no question of seeking revalidation. The Textile Commissioner, therefore, informed the Government that the recommendation of SASMIRA should be turned down. The Government of India, thereafter, did not take any decision on the request of the petitioners and, therefore, the present petition. In our judgment, it is obvious that the respondents are bound to revalidate the licence and the Textile Commissioner cannot be permitted to create obstacle in the way of the petitioners for revalidation. Shri Lokur submitted that the licence was granted in July 1986 on certain conditions. It hardly requires to be stated that revalidation will also be on the same condition. Shri Lokur very frankly stated that the revalidation ..... X X X X Extracts X X X X X X X X Extracts X X X X
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