LAWS(BOM)-1988-10-15

ATLAS EXPORTERS Vs. K V IRNIRAYA ACCIE

Decided On October 12, 1988
ATLAS EXPORTERS Appellant
V/S
K.V. IRNIRAYA, ACCIE. Respondents

JUDGEMENT

(1.) This petition seeks to challenge the order dated the 27th July 1987 passed by the respondent No. 1, the Additional Chief Controller of Imports & Exports. By that order the respondent No. 1 reviewed the order dated the 25th November 1986 passed by the respondent No. 3, the Export Commissioner passed in the appeal filed by the petitioners. By the appellate order, the decision of the respondent No. 4, the Director of the Appeal Export Promotion Council deregistering the petitioners as exporters of readymade garments was set aside. By the impugned order dated the 27th July 1987, the order of the respondent No. 4 deregistering the petitioners was restored.

(2.) The petitioner No. 1 firm was registered as merchant exporters with the Apparel Export Promotion Council, the respondent No. 4. For the year 1984 the petitioner No. 1 was allotted certain quota under the 1984 Export Policy. The petitioners under that policy were required to export readymade garments of the prescribed value on or before the prescribed dates which fell on the 7th, 10th and 14th May 1984. Since the petitioners were not successful in effecting the exports within the stipulated dates, it is the case of the petitioners that they, on the 9th of May 1984 applied to the Bombay office of the respondent No. 4 for extension of the period up to 31st May 1984. According to the petitioners, this extension was granted and they effected the exports within the extended period.

(3.) On the 5th of January 1985 the petitioners learnt from a press report appearing in the Economic Times that their registration had been suspended by the respondent No. 4 pending investigation into the alleged forgery of rubber stamps of the respondent No. 4 Council while procuring the order of extension. The petitioners filed in this Court Writ Petition No. 28 of 1985. By an order dated the 11th January 1985 this writ petition Writ Petition No. 28 of 1985. By an order dated the 11th January 1985 this writ petition was dismissed. The petitioners carried an appeal being Appeal No. 24 of 1985 and the same was dismissed by the Divisions Bench of this Court on the 22nd January 1985.