UNION OF INDIA Vs. GODREJ SOAPS P LIMITED

JUDGEMENT

(1.) The respondents to this appeal (the original petitioners ) purchased 554860 metric tonnes of palm kernel fatty acid (now called "the said acid") on high-seas basis from the M/s. Dimexon. M/s. Dimexon had imported the said acid on strength of an additional licence issued to it pursuant to the order of the Supreme Court dated 18th April, 1985 in Civil Appeal No. 1423 of 1984. (Union of India v. Rajnikant Brothers) The Customs authorities at Bombay refused to permit clearance of the said acid on the ground that canalised items could not be imported even under additional licence. The respondents, therefore, filed a writ petition in this Court requiring the Union of India and the Customs authorities forthwith to permit clearance of the said acid. The petition came up for admission and interim relief before Pendse, J., on 10th July, 1986. The learned judge issued a rule and directed the Union of India and the Customs authorities to clear the said acid within 4 days.

(2.) This appeal, filed by the Union of India and the Customs Authorities, impugns the order dated 10th July, 1986 in so far as it directs clearances of the said acid at the interim stage.

(3.) The said acid was not a canalised item under the import Policy 1978-79. It is a canalised item under the current Import Policy, i.e. the Import Policy 1985-88.