YOGI INDUSTRIES PRIVATE LIMITED; HINDUSTHAN PHOTO FILMS (MANUFACTURING) COMPANY LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) As agreed by the earned Counsel appearing for the respective parties all the 3 (three) matters viz. Matter No. 5483 of 1989 (Yogi Industries Private Limited and Anr. v. Union of India and Ors.) and Matter No. 2919 of 1989 (Yogi Industries Private Limited v. Union of India and Ors.) and Matter No. 3029 of 1989 (Hindusthan Photo Films (Manufacturing) Company Limited v. Union of India and Ors. are taken up for final hearing analogously and/or simultaneously. This judgment is intended to dispose of all the aforesaid 3 (three) cases.

(2.) It appears that in the first writ petition Yogi Industries Private Limited, a Company and the petitioner No. 2 being one of the shareholders of the said Company have prayed inter alia for declaration that the petitioners are deemed holders of a valid industrial licence under the Industrials (sic)(Development and Regulation) Act, 1951 and in terms of the Press Note dated 29.9.1988 and entitled to the benefit of the Notification Nos. 216788-Cus. dated 6.6.1988 (sic) and 252/88-Cus. dated 16.9.1988 and alternatively for consideration and disposal of the petitioner's application for such licence in order to allow the petitioners to import Jumbo Rolls of Photo sensitized material such as "X-ray Films", and "Photographic Colour Papers" etc., at a concessional rate of customs duty by availing the duty of Notification No. 216/88-Cus. dated 7.7.1988 and 252-Cus. dated 16.9.1988.

(3.) It is stated in detail that the petitioner Company has been registered as a Small Scale Industrial unit by the Directorate of Cottage and Small Scale Industries, Government of West Bengal and has been granted as a permanent SSI Institution. It is placed on record that on or about 18.7.1986 the Central Government issued a notification being S.O. No. 428(E) in exercise of powers under Section 29B(1) of the said Act whereby the Central Government amended the notification dated 16.2.1973 by adding the item in Schedule IV of the said notification after existing Entry No. 10- "11. Slitting/confectioning of being sensitized material from Jumbo Rolls". It is highlighted that Section 29B(3) of the Act provided that the provision of the said Act shall apply, so far as may be, in relation to the issue of licence or permission to any industrial undertaking referred to in Sub-section (2) as they apply in relation to issue of a licence or permission to a new industrial undertaking. The petitioner Company is alleged to have written repeatedly to the Secretary, Ministry of Industries, Department of Industrial Development and other concerned authorities to expedite the issuance of COB Licence but there has been no responsibility. According to the petitioners, they have fulfilled all the conditions for grant of a licence as required under the said Act and Rules, there can be no reason for refusal to grant such licence to the petitioners. They are alleged to be seriously aggrieved for illegal and arbitrary refusal on the part of the respondents to grant necessary licence to enable the petitioners to obtain the benefit of the exemption notification as indicated above.