RUP DIAMONDS Vs. UNION OF INDIA

JUDGEMENT

(1.) By this petition under Art. 32 of the Constitution. Messrs. Rup Diamonds, a Registered Export House, assail the validity of the decisions dated9-4-1986 and5-8-1986 of the Joint Chief Controller of Imports and Exports declining to re-validate and endorse six Imprest Licences for import of Open General Licence items upon the fulfilment by the petitioners of their export obligations under the Imprest Licences. Petitioners seek issue of appropriate writs to the Authorities to re-validate the six Imprest Licences, with appropriate endorsement for the import of Open General items under the Import Export Policy of 1982-83 (A-M 1983).

(2.) This writ petition came up for preliminary hearing along with Special Leave Petition (Civil) Nos. 2579 of 1987 and 2580 of 1987 preferred by the Union of India seeking leave to appeal from two Judgments of the Division Bench of the High Court of Judicature at Bombay in two other cases.

(3.) Petitioners are a recognised Export House for purposes of the Import-Export Policy, 1982-83. They applied for, and were granted, six imprest licences; (1) 2932347 dated 31-7-1982 for CIF value of Rs. 65,28,500/-., (2) 293259 dated 20-8-1982 for Rs. 1, 14,49,263/-; (3) 0470538 dated 11-5-1982 for Rs. 1,43,76,770/-; (4) 0449604 dated 12-5-1981 for Rs. 1,32,39,130/-, (5) 0468397 dated 16-4-1982 for Rs. 5,21,747/-; and (6) 2927607 dated 29-4-1980 for Rs. 1,47,16,238/ for the import of uncut and unset diamonds with the obligation to fulfil certain export commitment for the export, out of India. of cut and polished diamonds of the FOB value, stipulated in each of the imprest licences. Petitioners claim that, pursuant to the said imprest licences, they had imported uncut and unset diamonds and had also discharged their export obligations by exporting cut and polished diamonds of the requisite value as evidenced by the Redemption Certificates which are annexed as annexure V to the memorandum of writ petition.