CHOWGULE AND COMPANY LTD Vs. ASSISTANT DIRECTOR

JUDGEMENT

(1.) By this petition, the petitioners, a registered export house exporting processed iron ore, seeks a mandamus to the respondents to grant additional licences or to pay premium of Rs. 1,21,69,200/-(being 20 % of Rs. 6,08,46,000/-) in lieu of 10 % additional licences for imports. Though this lis has a chequered history, now the scope of controversy has been restricted by the judgment of the Supreme Court in C.A. No. 5764 of 2001, delivered on 4.4.07 in the latest round of litigation by the parties. The only point that survives for decision is whether the petitioners are eligible for grant of an additional licence as per Appendix 12 attached to Import and Export policy from April, 1990 to March, 1993. Appendix 12 of the Policy is a list of items which, if exported, does not make an exporter eligible for an export house licence and therefore an additional licence.

(2.) The respondents' contention is that the petitioners are not entitled to grant of an additional licence or a premium in lieu thereof since the petitioners have exported processed iron ore during the period from April, 1990 to 31st March, 1991, under the new policy when all mineral and ores were specified in Appendix 12 and, thus could not be considered to be admissible export for the purpose of the grant of an additional licence.

(3.) The controversy arose this way. Under the Import and Export Policy which was announced in the year 1988 to 1991, (hereinafter, referred to as "the Old Policy") the export houses which exported items not specified in Appendix 12 were entitled for an additional licence in the succeeding year. Under this policy, processed minerals and ores were specified in Appendix 12. Thus, the processed iron ore was an admissible export for grant of an additional licence. This policy was changed from the year 1990-91, i.e. from April, 1990 to 31st March, 1991 j (A.M. 91) (hereinafter, referred to as "the New Policy") Under the new policy, all mineral ores were specified in Appendix 12. Thus, the ex-1 port of mineral ores became inadmissible for the purpose of an additional licence.