9911796707
TMI Blog1996 (9) TMI 132X X X X Extracts X X X X X X X X Extracts X X X X ..... to provide that the duplicate copy of the freely transferable licence cannot be issued, is ultra vires The Constitution of India. 2.Admittedly, the aforesaid licence is a fully transferable licence and although the same was issued in favour of the Respondent No. 3, the same was transferred in favour of the petitioner company on payment of valuable consideration. 3.It is the case of the petitioner that after such licence was so transferred in favour of the petitioner in August 1995, the Petitioner No. 2, who is a Director of the Petitioner No. 1 company, had been to Bombay in the first week of October, 1995 taking alongwith him the aforesaid Special Import Licence for business purposes. But unfortunately the brief-case containing the said ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rable import licence as contained in Paragraph 21 of the aforesaid Handbook of Procedure is wholly arbitrary and illegal. It is the further case of the petitioner that challenging the aforesaid action the petitioner filed a writ petition in this Court being Matter No. 1898 of 1995. But after filing of the said writ petition the petitioner having been served with an order passed by the respondent cancelling the said licence had withdrawn such application and has filed the present writ application also challenging the aforesaid order of cancellation. It is the grievance of the petitioner that the order of cancellation has been passed in gross violation of the principles of Natural justice as the petitioner was not given any hearing and in any ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Ltd., Respondent No. 3 be cancelled. A further prayer was made in the said letter for issue of a fresh licence. It appears that even if there might have been a prayer for issue of a duplicate licence in the aforesaid letter, in no uncertain term the petitioners themselves prayed for can- cellation of the licence because of loss of the same and grant of a fresh licence. Under such circumstances, no wrong has been committed by the respondent by cancelling the licence of the petitioners. Such order of cancellation having been passed on the specific prayer of the petitioners, the question of giving any hearing therefore does not arise. The contention of the petitioners to such extent is wholly misconceived and is rejected. Since admittedly such ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ears that admittedly the licence was valid till August, 1996 and during the pendency of the writ application such period has expired. Under such circumstances, in my view, since the said period has expired during the pendency of the writ application, the petitioner may be granted a licence for the period of 9 months from the date of issue, as it appears that after issue of licence in August, 1995 it was lost in October, 1995. 6.Under such circumstances, I dispose of this application by directing that on an application of the petitioners the respondents will issue a fresh licence with the same terms and conditions as contained in the original licence issued in favour of India Foils Ltd. for the same valuation, but for a period of 9 months f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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