NARENDRA MAFATLAL MEHTA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner carries on business, inter alia, of importing rough diamonds and exporting cut and polished diamonds in the name and style of Messrs N. Mehta & Co. The petitioner entered into a contract dated 21-1-1981 with a foreign purchaser for export of cut and finished diamonds. This contract was registered with the Bank of Baroda on 26-2-1981 as per the provisions of the Import Policy for the period April, 1980 to March, 1981. During the currency of this period the petitioner had an Export House Certificate. This Certificate expired on 30-6-1982.

(2.) The petitioner effected exports under the Registered contract in December, 1983. On 18-1-1984 the petitioner applied for REP Licence with a request that he should be given the benefit of Import Policy 1980-81. REP Licence was issued on the basis of registered contract to the petitioner on 26-3-1984. Since the licence did not contain an endorsement that it was based on the registered contract of 26-2-1981, the petitioner on 21-5-1984 applied for endorsement on the licence to that effect. This endorsement was granted on 5-6-1984. The endorsement contained 2 terms which are as follows :

(3.) The petitioner has utilised the licence for import of rough diamonds as per Condition (1) of the endorsement, that is to say, on the basis of rates under the 1980-81 Import Policy. In the present petition he has challenged the endorsement of Condition No. 2 on the licence. It is his submission that in view of the relevant provisions of the Import Policy of 1980-81, the endorsement of second condition is not valid.