MAC EXPORTS INDIA Vs. APPAREL EXPORT PROMOTION COUNCIL

JUDGEMENT

(1.) This judgment will dispose of C.W.P Nos. 2764/92, 3710/93, 2819 /92, 5094/93, 2796/92, 5359/93,3521/93, 173.3/94, 518/93,2322/93 and 3441/93.

(2.) The Writ Petition (C.W.P. No. 2764 of 1992) was initially filed to impugn the notice dated 3rd August, 1992 issued by Respondent No. 1, Apparel Export Promotion Council (hereinafter referred to as the Council and for consequential relief such as for release of non-quota entitlement to the Petitioner and to invoke the licencing authority that there is no order of suspension against the Petitioner and release the Cash Compensatory Support and REP Licences to the Petitioner and to hold that the Disciplinary Committee has no jurisdiction to hold inquiry in the matter.

(3.) The writ Petition .was subsequently amended as an Order of de-registration was passed in the meanwhile on 11th January, 1993. The averments as made in the writ Petition are that under the scheme of Import Export Policy Respondent No. 1 is the only body that can grant quota of the garments to be exported. The memorandum and Articles of Association show that it has been approved by the Ministry of Commerce, Government of India and, therefore, function as a State within the provisions of Article 12 of the Constitution of India. The Petitioner on 24th July, 1992 approached Shri D.K. Nair for release of 14 Non Quota Entitlement Certificates and brought to his notice the judgment of the High Court dated 21st July, 1992 in C.W.P. No. 1919/92 (Mac Exports Vs. AEPC & Others). It is further alleged that the said Shri D.K. Nair directed the Petitioner to meet on 27th July, 1992 and also asked for deposit of council charges of Rs. 458.00 for the period 1st July, 1992 to 30th December, 1992. This amount was deposited but it is stated that request for release of quota was denied though the Petitioner is stated to be entitled to receive Rs. 6 lacs as cash incentive for its best export benefits. The Council sent a letter in January 1992 to Central Licencing Authority informing them that there was suspension order against the Petitioner and the said Authority cannot release quota unless there is a letter of Council of revocation of suspension order. A show cause notice was issued to the Petitioner on 15th January 1992 which is filed as Annexure-I to the writ Petition and reads under:- "Registered A.D. Apparel Export Promotion Council (Sponsored by Ministry of Commerce,Govt. of India) AEPC/REG/QA/D/DC-726(20)036 JANUARY 15,1992 M/s Mac Exports (India) DDA Shopping Centre Gitanjali New Delhi-110017.