PRINCE RUBBER INDUSTRIES Vs. UNION OF INDIA (UOI)

JUDGEMENT

(1.) WE have heard the learned Counsel for the parties at length and perused the paper -book.

(2.) WITH the consent of the Counsel for the parties, the writ petition is taken up for final hearing.

(3.) IT is not disputed that Government of India Respondent No. 1 issued Circular, dated 5 -5 -1993 in order to provide facility in allowing exporters to meet the competitive international market, and gave the concession by introducing a scheme of granting 8% cash amount equivalent to their unutilised import licences issued before 1 -3 -1993. The incentive was available subject to fulfilment of certain conditions contained in the scheme as stipulated in Circular No. 11 of 1993, dated 5 -5 -1993 (hereinafter referred to as "the 1993 Scheme"). The petitioner being fully eligible made the necessary application on 26 -7 -1993 to Respondent No. 2 through Respondent No. 3. Advance import licences, dated 25 -9 -91 and 7 -10 -91 were granted to the petitioner by Respondent No. 3. The petitioner had annexed all the necessary documents along with the application. The application of the petitioner was duly forwarded by Respondent No. 3 to Respondent No. 2 when no action was taken by Respondent No. 2 on the claim of the petitioner Respondent No. 3 addressed the letter, dated 17 -9 -1996 to Respondent No. 2. By letter, dated 23 -2 -2001, Respondent No. 2 has rejected the claim of the petitioner with the following observations : -