9911796707
TMI Blog1984 (9) TMI 293X X X X Extracts X X X X X X X X Extracts X X X X ..... ying on small scale industry of manufacturing tape recorders, two-in-one tape recorders plus radio and tape recorders/car cassette player, combination thereof with the radio under the name and style of M/s. Jugglie Electronics. In order to manufacture the aforesaid items, it sometimes becomes necessary for the petitioner to import certain items/parts from abroad. The import policy for the period April, 1981 to March, 1982 (for short called AM 1982) was declared and issued by the Government of India. The Government released a Hand Book of Import-Export Procedures, 1981-82 also and laid down a procedure for obtaining supplementary licences. 3. The sponsoring authority in case of grant of licence to the petitioner is the Director of Industr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on account of indigenous angle by the supplementary licensing committee . This decision was communicated in the first impugned order dated Novembers 4, 1982. The Director of Industries again took up the matter with the CCI E that they had recommended the banned items to the extent of 10% of the import licence and it was requested that these items be endorsed on the licence along with 10% of the banned items. The petitioner was informed by the second impugned order dated July 7, 1983 that the decision already communicated could not be changed and was final. It is thereafter that the petitioner filed the present writ petition on July 29, 1983. This Court issued on August 16, 1983 a notice to show cause to the respondents as to why Rule Nisi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lier to the date of rejection of these items in the petitioner s cases as the Supplementary Licensing Committee rejected these items in the case of the petitioner only in the meeting held on October 13,1982. 6. There was some confusion as to the items of Appendix 3 mentioned in the recommendations of the Director of Industries, dated March 31, 1982. 1 have seen the import policy forAM-1982. Serial No. 693 of Appendix III is mentioned in the recommendations as under ; Items Entry No. ITC Policy for M-1982 App-3. Value 17. Sub-assemblies App-3 Sr. No. 693 ₹ 26,400 18. Loud-speakers (cone type) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n April 1, 1982 to June 2, 1982 as the import licence to the petitioner was granted on June 3, 1982 for ₹ 1,09,634. The reasons for non-inclusion of Appendix 3 items in the licence is not given on June 3, 1982 but it is obvious from the record that the case was rejected on account of indigenous angle by the Supplementary Licensing Committee. Annexure C to the counter-affidavit of the respondents shows the date of Supplementary Licensing Committee meetings. In case of M/s. Haward Radio Company Delhi Appendix 3 items were cleared in the meeting of S.L.C. dated April 23, 1982. The licence for import of sub-assemblies 509/3 for ₹ 25,000 and loud-speakers below 12, 505 (8/3) for ₹ 5,000/- was granted, In case of M/s. Pine En ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8. In the passing, I may note a preliminary objection raised in the counter-affidavit that the petitioner has approached this Court without exhausting the departmental remedy of appeal which is available under the procedure. The petitioner in this writ petition claims the infringement of a fundamental right guaranteed to him under Article 14 of the Constitution of India. A show cause notice was issued before issuing Rule. After considering, this Court issued Rule Nisi. A Division Bench of this Court had laid down the exceptions to the ordinary rule of procedure of not entertaining the writ petitions when alternative remedy is available. Alternative remedy is no bar to the jurisdiction of this Court but is self-imposed restriction. When the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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