MAHAVIR EXPORTS Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner M/s. Mahavir Exports a propriety firm is engaged in business of exporting readymade garments and knitwears since 1980. For this purpose the petitioner-firm is registered as member of the Apparel Export Promotion Council. Respondent No. 2 - Apparel Export Promotion Council (hereinafter referred to as AEPC) is set up by the Union of India under the Export and Import Policy 1992-1997 (hereinafter referred to as Export and Import Policy). The said Council has been set up with the basic objective to promote and develop exports of the country and each council is given responsibilities for the promotion of a particular group of products projects and services. The Council has been given the task of dealing with the product in question i.e. readymade garments and knitwear. The say of the petitioner-firm is that it is exporting the said items to Austria Canada USA West Germany and other scheduled countries. The petitioner exports the said products under the head of Non-Quota Exporters entitlement. The petitioner further says that it is the consistent practice of respondent No. 2 Council to issue circular every year to its members like the petitioner inviting applications for allotment of Non-Quota Exporters entitlement for export of garments and knitwear and pursuant to the said invitations the members like the petitioner are required to send the application to respondent No. 3 i.e. the Deputy Director Apparel Export Promotion Council Bombay Respondent No. 3 in turn sends it to respondent No. 2 i.e. AEPC. In the year 1992 all the exporters were required to submit the applications on or before 7.9.1992. The petitioner did not receive any circular from the Council till 7.9.1992 When the officers of the petitioner-firm enquired they were informed that the last date for submission to NQE entitlement application was 7.9.1992 Thus immediately the necessary formalities were completed and the application was dispatched to the Bombay office on 7.9 which was received by the Bombay office on 8.9.1992 A communication dated 9.12.1992 was received from respondent No. 3 to the effect that since the application in question was received after 7.9.1992 the applicant cannot be accommodated for allotment under the system. After receipt of the said rejection order the petitioner firm made certain representation to the respondent No. 3 and also approached the Ministry of Commerce. Having failed the petitioner approached this Court by way of Special Civil Application under Article 226 of the Constitution of India The petition was registered as Special Civil Application No. 5369/1993

(2.) In response to the notice pending admission it was submitted on behalf of the respondent that there is no obligation on the office of respondent No. 2 or 3 to issue any circular The date for submitting application was published in the Councils journal and also in newspapers i.e. Financial Express and Economic Times. It was further pointed out that for the year in question there remained no quota with the Council inasmuch as the entire quota has been exhausted amongst the eligible applicants who had applied within time In view of this learned counsel for the petitioner urged before the Division Bench that the petitioners case should be considered for quota for exports under NQE system on the basis that he had applied in time and that he was entitled to requisite quota for export of readymade garments for the succeeding year As the said question was not directly involved in the Special Civil Application the learned counsel for the petitioner submitted that the petitioner may be given an opportunity to apply afresh to the Council for getting benefits in the succeeding year

(3.) In this circumstance this Court by order dated 29.6.1994 while permitting the petitioner to withdraw the petition directed that in the petitioner applies to respondent No 2 i.e. the Apparel Export Promotion Council for getting benefits for the succeeding year under the NQE system the Council may consider the same on merits in accordance with law