GINNI FILAMENTSLTD Vs. UNION OF INDIA

JUDGEMENT

(1.) -This writ petition has been filed praying for a writ of certiorari to quash the impugned demands dated 6.4.1992 Annexure-18 to the writ petition and dated 27.3.1991 Annexure-21 to the writ petition.

(2.) HEARD learned counsel for the parties.

(3.) IT is alleged in paragraph 20 of the writ petition that soon after this entitlement certificate was obtained the E.E.C. imposed on various countries including India a duty called 'Anti Dumping Duty' to the extent of 15.9% of the export price. 'Anti Dumping Duty' means a duty which is imposed by the E.E.C. countries if the price at which the exports are being made by any exporting country is less than the cut off price fixed by the Commission of the E.E.C. countries. This is done in order to avoid under selling by the third World countries. Copy of the order of the Commission of E.E.C. imposing an 'Anti Dumping Duty' is Annexure-5 to the writ petition. IT is alleged in paragraph 21 of the writ petition that soon thereafter the petitioner received a Telex message dated 11.7.1991 from one of its buyer GOERTZ and Co. stating that no letter of credit could be opened in petitioner's favour in view of the 'Anti Dumping Duty' vide Annexure-6 to the writ petition. In the meantime the Government of India suspended all shipments of cotton yarns to all countries including the quota countries w.e.f. 21.9.1991 until further notice vide Annexure-7 to the writ petition. In paragraph 23 of the petition it is alleged that the petitioner by Telex message dated 4.9.1991 wrote a letter to its buyer GOERTZ and Co. stating that since the E.E.C. had decided to withdraw the 'Anti Dumping Duty' against Indian yarn, the letter of credit should now be opened in petitioner's favour. However, since the Indian Government had banned all exports of cotton yarn GOERTZ and Co. cancelled the contract given to the petitioner vide Annexures-8 and 9 to the petition.