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TMI Blog2018 (2) TMI 1510X X X X Extracts X X X X X X X X Extracts X X X X ..... this court can neither direct continuation of a policy or a circular or framing of a new policy. Petition dismissed. - Writ Petition No. 1853 of 1999 - - - Dated:- 8-2-2018 - S. C. DHARMADHIKARI SMT. BHARATI H. DANGRE, JJ. Mr. Shanay Shah with Mr. Kaushal Udeshi i/b. M/s. Sanjay Udeshi and Co. for the petitioner. Mr. Pradeep S. Jetly for the respondents. P.C. :- 1. By this petition, the petitioner says that a direction be issued to the respondents to pay a premium amount of ₹ 6,98,861/- with interest from the date of making of the application dated 19th July, 1993 till the date of payment. 2. On the own showing of the petitioner, he holds a licence styled as REP Licence. That is issued on account of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the requisite application, but that was not processed. The petitioner has, therefore, filed the petition in this court essentially complaining about this communication. It is claimed that though compliances have been made, even after the communication dated 29th December, 1993, there has been no response. The EXIM Policy was of 1992-97. 5. It is on such a petition that we have heard both sides. We have perused the reply affidavit, which was filed on behalf of the respondents. Apart from the objection that the petition should be dismissed on the ground of delay and laches, it is urged that under the scheme, it was the Reserve Bank of India (RBI) which would provide funds to parties like the petitioner. The Director General of Foreign Trad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ever, the petitioner relies upon the circular at Annexure 'B'. That circular itself says that firstly, the exporters, who have completed their export and have realised the export proceeds before the introduction of the full convertibility but have not completed their imports under the duty free licence before 1st March, 1993 will be given a cash amount equivalent to 8% of their unutilised import licence. Further, in the case of those exporters who have completed their exports before 1st March, 1992 and who have not exchanged their REP/Exim-scrips before 27th February, 1993, will be given a further opportunity to surrender the eximscrips and to receive the premium of 20% on them. Thus, the matter was discussed further and the details ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... st was under consideration, this communication informed that it will be finalised after getting further extension by the RBI. The licence itself was retained. 8. To our mind, therefore, we cannot direct consideration of this application made in the year 1993 by issuing a writ in the year 2018. An entirely new regime has come into force since the policy (EXIM Policy) and the circulars which are relied upon. Going by the affidavit of the respondents, it is evident that this was not a open ended scheme. It was in effect and force for a particular period. It cannot be directed to be extended unless it is so provided in the document itself. Meaning thereby, this court can neither direct continuation of a policy or a circular or framing of a n ..... X X X X Extracts X X X X X X X X Extracts X X X X
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