9911796707
TMI Blog2004 (1) TMI 398X X X X Extracts X X X X X X X X Extracts X X X X ..... - Dated:- 15-1-2004 - R.C. Lahoti and Ashok Bhan, JJ. REPRESENTED BY : S/Shri Dipankar Gupta, Sr. Advocate, G.S. Chatterjee and Raja Chatterjee, Advocates with him, for the Appellant. S/Shri P.P. Malhotra, Sr. Advocate, Y.P. Mahajan, D.S. Mahra and Shreekant N. Terdol, Advocates with him, for the Respondent. [Order per : Ashok Bhan, J.]. Leave granted. 2. Appellant No. 1 is an Export House and is a small scale industrial unit. It carries on the business, inter alia, of manufacturing, importing and exporting of garments and other textile products. In connection with the said business the appellant has to import diverse quantities and qualities of fabrics and yarn from outside India which fabrics and yarn upon due proc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hough the issuance of the licence was 28-3-2001 for all practical purposes the date of issue should be treated as 12-4-2001 when the licence became operative. 5. The learned Single Judge disposed of the writ petition on 11-4-2002. It was held by him that the validity period of the licence in question is required to be extended till 12-4-2002. In directing such extension of the licence period the learned Single Judge applied the principle of promissory estoppel . 6. Relying upon Clause 4.15(b) of Handbook of Procedure Vol. I which is to the following effect : 4.15 (a) The validity of import licence from the date of issue of licence shall be as follows : xxx xxxx (b) Where the date of expiry of the licence falls before the la ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4-2002 stands as the same has not been set aside by the Division Bench. The only point to be decided is : Whether the appellant should be given the extension of time to complete his obligations under the licence? Clause 4.16 of the Handbook of Procedure Vol. I provides : 4.16 The licence may be revalidated on merits by the licensing authority concerned, which has issued the licence, for a period of six months at a time but not beyond, a period of 12 months reckoned from the date of expiry of the validity period. However revalidation of freely transferable licences and stock and sale licence shall not be permitted. An application for revalidation may be made to the licensing authority concerned in the form given in Appendix-12. However ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g in supplier s warehouses. They are lying uncared because of the continued period of delay in dispatch and clearance. The entire goods would be damaged resulting in claim against the appellant for substantial compensation. Question of such compensation would also arise because of the failure to make the shipment of goods to the overseas buyers against the firm orders placed on the appellant. 11. The learned Single Judge had granted extension on 11-4-2002 for 12 days making the expiry date to be 12-4-2002 which was illusory. During the course of the arguments learned senior counsel appearing for the appellant asked for extension of the licence period of 3 weeks only. In the instant case, if the licence period is extended, as prayed for, n ..... X X X X Extracts X X X X X X X X Extracts X X X X
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