M K JAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) Arguments in the writ petition were concluded on 10.9.2002 and judgment was reserved. In view of urgency in the matter, operative portion of the judgment/order was announced on 13.9.2002. The facts and reasons for the judgment are as follows:

(2.) Petitioners are exporters, registered with respondent No.2, M/s. Apparel Export Promotion Council, (in short "AEPC") and are engaged in the manufacture and export of garments and claim to have turnover of Rs.300 crores. Petitioners are aggrieved by the notice dated 20.8.2002, notifying that the Government vide its letter No.1/1/2002-Exports-l dated 19.8.2002, has decided that respondent No.2/AEPC may immediately release 10 per cent additional quantities in the categories 338/339-USA under the FCFS, i.e. first cum first served quota, after giving usual notice to the trade. Further, it was notified that transfers of quota in the above categories would be permitted only up to 30.8.2002. The said notice is Annexure-D to the petition. This was followed by policy instruction dated 21.8.2002, Annexure-E, notifying that the request for transfer under categories 338/339-USA would be accepted only up to 29.8.2002, 30.8.2002 being a holiday.

(3.) Petitioners by the writ petition, seek quashing of the impugned letter No.1/1/2002- Exports-l dated 19.8.2002; issued by respondent No.1 and notice dated 20.8.2002. Petitioners also impugn the policy instructions No.02/14 dated 21.8.2002, issued by respondent No.2, by which the last date of transfer of quotas was further preponed from 30.8.2002 to 29.8.2002 in view of 30.8.2002 being a holiday. Petitioners seek a writ of prohibition, prohibiting respondents to give effect to the aforesaid communications and policy instructions. Petitioners also seek a mandamus to the respondent to ensure that petitioners would be not face any embargo for their quota certificates and the same would remain valid and usable.