NARENDRA MAFATLAL MEHTA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner applied for export house certificate on June 21, 1978 in accordance with the requirement of Import-Export Policy of April 1978 to March 1979. The application made to the Chief Controller of Imports and Exports was rejected by order dated August 30, 1978 on the ground that the petitioner failed to diversify exports. The petitioner preferred Writ Petition No. 1458 of 1979 to this Court and by decision of one of us (Pendse, J.), reported in - (Narendra Mafatlal Mehta V/s. Union of India and Anr.), the respondents were directed to issue the requisite export house certificate.

(2.) In pursuance of the judgment, the respondents issued additional licence, but subsequently served a show cause notice on March 9, 1983 to explain why the licence should not be amended by deleting the advantage of being registered during the period of April 1978 and March 1979. The petitioner preferred Writ Petition No. 842 of 1983 to challenge the issuance of show cause notice and the petition was admitted and the proceedings in pursuance of show cause notice were stayed.

(3.) The petitioner thereafter opened letter of credit and goods imported arrived at Calcutta port. The imported goods were crude rape-seed oil. The authorities declined to give clearance for home consumption on the ground that the import was unauthorized. The petitioner filed writ petition in Calcutta High Court to challenge the action of the respondents and the Calcutta High Court stayed show cause notice issued by the department and directed clearance of the goods on petitioner's furnishing a bank guarantee. It is not in dispute that the goods were cleared by the petitioner and disposed of.