RUBFILA INTERNATIONAL LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) By this writ petition, petitioner seeks quashing of Circular No. 17(RE-2003)/ 2002-2007datedl0.10.2003 and Circular No.22(RE-2003)/2002-2007 dated 11.12.2003 to the extent that they prescribe time-limit up to 31st March, 2004, for utilisation of the existing advance licence granted. Petitioner also seeks a direction in the nature of writ of mandamus directing the respondents to revalidate the licences of the petitioner for the same period as the period for fresh licences.

(2.) Petitioner is aggrieved by what he terms as inordinately short time granted to effect the imports under the advance licence scheme. Petitioner had been granted advance licences dated 19th February, 1998 and 30th March, 1999, for import of raw materials. Petitioner intended to import natural rubber, a major raw material for the manufacture of rubber threads. As a result of the ban imposed vide Circular No. 8/ 98-99-SALC dated 20.2.1999, on the import of natural rubber and imports being permitted only through STC, advance licences dated 19.2.1998 and 30.3.1999, granted to the petitioner expired without imports being effected. The request for revalidation of these licences was denied. Writ Petition No. 4915/2002 was filed which was disposed of with the direction that the representation of the petitioner be considered as per Policy.

(3.) In the event the High Court of Bombay quashed the impugned Circular dated 20th February, 1999. As a result of this the advance licences granted earlier could be utilised for imports. Respondent permitted imports under the licences from 10.10.2003 up to 31.12.2003. A further general extension has been granted up to 31.3.2004.