EAGLE FLASKS PVT LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition is aimed at the quashing of Ex. 'G', getting a mandate calling upon the respondents to make the licences figuring in this petition to the extent of unutilised portion thereof transferable and to revalidate the licences wherever the period of their validity has expired. These reliefs are sought under the terms of Import and Export Policy for the period April, 1985 to March, 1988.

(2.) Petitioners are in the business of manufacturer-exporter and were registered-exporters under Import Policy 1985-88. They had secured REP licences which are at Exs. 'A' to 'E'. These licences are valid for a period of 18 months from the date of issue thereof, which ranged from May to October 1985. 25% of the c.i.f. value had been utilised by petitioners. On 30-3-1986, petitioners applied for the making of an endorsement on the licences enabling them to transfer the remaining or unutilised value thereof. This was turned down under Ex. 'G' which reads as follows :-

(3.) Petitioners contend that Para 204 of the Policy had been misconstrued by the respondents. In fact, sub-clause (viii) of sub-para (1) of Para 204 did not come into picture at all. Under Para 225, a REP licence was transferable in full or part except for the cases covered by various paragraphs including Para 204. But the non-transferability in sub-clause (viii) was limited to the extent of the facility availed of and not that remaining unutilised or not availed of. This contention is disputed by the respondents a case covered by Para 204. There is no merit in the submission advanced on behalf of the respondents, and, I allow the petition with costs for the reasons given below :-