BANSAL EXPORT PRIVATE LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a companion judgement to the one we have just delivered in Bombay Conductors and Electrical Ltd. v. K. Chandramouli, C.W.P. No. 1295 of 1980. Its companionship resides in the fact that the petitioners in these two cases also found their claim on promissory estoppel as in Bombay Conductors. I will deal with the two petitions separately. C.W.P. No. 310 of 1980.

(2.) The challenge in his writ petition is to the restrictions placed on the export of products wholly or mainly of silver with more than 50 per cent silver contents.

(3.) The petitioners entered into a contract dated 25-3-1977 with the foreign buyers for the supply of 25 tonnes of Indian Real Zari Badia. A part of the supply was made. Before the remaining supply could be made the Central Government changed the policy. The policy as laid down in the Export (Control) order 1977 was that the manufactures and products wholly or mainly of silver with more than 50 per cent of silver contents, excluding silver Zari goods, were permitted to be exported under the open general licence. This policy was changed on 30-3-1979. Under the Export (Control) 22nd Amendment Order dated 30-3-1979 this item was deleted from the open general licence and was placed under the heading "on merits" which meant that the exporter concerned will have to apply to the Licensing Authority for permission or licence to export.