AVAL EXPORTS Vs. UNION OF INDIA

JUDGEMENT

(1.) Present Letters Patent Appeal has been filed challenging the judgment and order dated 13th October, 2004 passed by learned Single Judge whereby appellants' writ petition being Civil Writ Petition No. 300/1997 was dismissed.

(2.) The facts of the present case are that Appellant no. 1 is an exporter of Mulberry raw silk garments fitted with beads. Between 29th June, 1992 and 12th August, 1993 the appellants exported readymade garments and received foreign exchange remittance totalling to US$ 15.65 lacs. After receipt of the export proceeds, appellants during the same period, filed twenty six applications for issuance of value based duty free licences in accordance with the Export and Import Policy in vogue on the date of the applications. It is the case of the appellants that by 3rd August, 1993 all discrepancies and queries raised by the respondent were removed and clarified.

(3.) On 20th August, 1993, the policy underwent a change whereby issue of value based advance licences against silk exports was discontinued and only quantity based licence were to be issued to exporters against their export proceeds.