UNION OF INDIA Vs. HINDUSTAN PLATINUM PRIVATE LIMITED

JUDGEMENT

(1.) ALTHOUGH the learned Single Judge by his impugned decision has allowed the petition of respondents, i. e. the original petitioner, namely Messrs Hindustan Platinum (Private) Limited, on two grounds, namely the doctrine of promissory estoppel and the failure of the Government to show that the with-holding of the concessions was in public interest, we are of the view that this appeal can be disposed of only on the first ground and it is not necessary to go into the second ground.

(2.) THE admitted facts are that in exercise of the powers conferred under the Import and Export trade Control Act, 1947 read with the provisions of the Import (Control) Order, 1955, the central Government had issued public notices relating to the import policy as well as for promotion of exports. During the financial year ending March 31, 1975 and until May 12, 1975, twin benefits, namely cash assistance and replenishment licences were available for export of various goods. Under the said Policy, the exporters of electrical contacts made of silver alloy or silver/copper bi-metal containing less than 50% silver (used as component) in electrical control gear and switch gear (complete) classified under Serial No. A. 74. 4 in the Red-Book were entitled to replenishment licences to the extent of 40% of the F. O. B. value of the product exported and also cash assistance to the extent of 25% of the said value. In order to avail of the assistance, certain formalities were required to be complied with by the exporters and since it is not in dispute in the present case that the said formalities were fully complied with by the respondents, it is not necessary to refer to them.

(3.) THE respondents are the exporters of said electrical contacts. In pursuance of the said policy of the Central Government, they entered into a contract dated February 27, 1975 with a U. K. based concern Ayrton Metals Limited for the supply of 2,87,000 electrical contacts. This contract was duly registered on March 3, 1975 and the shipments of the goods were not made on june 13 and July 30, 1975. In view of the policy of the Central Government they were entitled to replenishment licences of the value of Rs. 3,60,532. 15 and Rs. 5,48,023. 71 and cash assistance of value of Rs. 2,37,832. 15 and Rs. 3,42,314. 82 respectively in respect of the said two shipments.