STAR DIAMOND CO INDIA Vs. UNION OF INDIA

JUDGEMENT

(1.) These two Civil Misc. Petitions are by Star Diamond Company India. The applicant has referred to the judgments of this Court in Raj Prakash's case dated 5th March, 1986 (1986) 2 SCC 297 and Indo Afghan Chamber of Commerce's case dated 15th May, 1986, AIR 1986 SC 1567. The applicant states that the applicant was neither a party nor was served with any notice of the said proceedings resulting in the said two decisions. According to the applicant, it was not bound by the directions therein. We are unable to accept the said contentions. Such decisions of Court laying down the position in law are laws binding on all.

(2.) In the order of this Court dated 18th April, 1985, the question of entitlement under certain circumstances came up for consideration. The Government had wrongfully refused to allow Export House Certificates to those who had not diversified their exports. It was held by this Court following decisions of several High Courts that this was wrong. This Court in the order dated 18th April, 1985 in Civil Appeal No. 142.3 of 1984, (a) confirmed the orders of the High Court, quashed the impugned orders of the Government and directed the Government to issue necessary Export House Certificates for the year 1978-79; (b) It was further directed that Export House Certificates should be granted within three months from this date. (c) Save and except items which are 'specifically banned under the prevalent import policy at the time of import', the parties - the merchants would be entitled to import all other items whether canalised or uncanalised, and in accordance with the relevant rules. Both canalised and uncanalised items could be imported in accordance with the relevant rules except those which were specifically banned under the prevalent import policy at the time of import. The effect of this direction came to be considered in Raj Prakash Chemicals Ltd. v. Union of India (supra). We have this date explained the effect of the same in Union of India v. M/s Godrej Soaps Pvt. Ltd. (arising (Civil Appeal No. 3418/86 arising out of SLP (Civil) No. 8144 of 1986. This question further came up for examination in the case of M/s Indo Afghan Chamber of Commerce v. Union of India (supra). This day we have also in the judgment in M/s Godrej Soaps' case explained the true purport of the said decision.

(3.) The respondents have not permitted according to the applicant, clearance of the goods in view of the said two decisions referred to hereinbefore.