AGRICULTURAL AND PROCESSED FOOD PRODUCTS AGRICULTURAL AND PROCESSED FOOD PRODUCTS UNION OF INDIA OSWAL AGRO FURANE LIMITED Vs. OSWAL AGRO FURANE:OSWAL AGRO FURANE:OSWAL AGRO FURANE LTD:UNION OF INDIA

JUDGEMENT

(1.) THIS judgment will dispose of appeals arising from the judgment of the High Court of Delhi which had permitted Oswal Agro Furane Ltd. (hereinafter referred to as 'Oswal Agro') to export non-basmati rice and T. C. (C) No. 15 of 1996 which was a writ petition filed by the Oswal Agro in the Punjab and Haryana High Court seeking permission to sell in the domestic market the edible rice bran oil manufactured by it.

(2.) THE Government of India Ministry of Commerce, on 3 1/12/1980 issued a notification whereby a scheme was formulated to facilitate setting up of 100% export oriented units. It was decided to give such units certain concessions so as to enable them to meet figures of foreign demand in terms of pricing, quality precision etc. Such an export oriented unit was to belong to an industry in respect of which the export potentional and export targets had been considered by the relevant Export Promotion Council. THE units which were intending to set up such industries were required to apply for approval, to the Department of Industrial Development Ministry of Industry.

(3.) ONE more condition which was incorporated in the licence by the aforesaid letter of 18/05/1987 was condition No. (vi) which stated that "you shall also export bran oil produced in the 100% export oriented unit. If however, it is so required by the Government, you will agree to supply the said oil to an agency that will be nominated by the Government at prices not higher than the international prices." It was also by this amendment letter Dated 18/05/1987, that it was recognised that the project would be implemented by M/s. Oswal Agro Furane Ltd.