High CourtsDivision Bench(1992) 01 BOM CK 0034

Echbee Corporation vs Union of India

Bombay High Court · Decided on 16 January 1992 · Citation: (1992) 42 ECR 79 : (1992) 60 ELT 213

HON’BLE JUDGES
P.D. Desai, J · B.N. Srikrishna, J
CASE NUMBER
Appeal No. 1176 of 1991 in Writ Petition No. 321 of 1990

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Judgment

7 paragraphs · 339 words

Srikrishna, J.—We have heard the Appellant for a considerable length of time and see that there are only two discernible grievances. The first is that the Subsidiary Licences for AM 83 were not granted to him. The second, with regard to Licences for AM 84 to 88, is that when these licences were issued, they were revalidated only for a period of 3 months. Generally such licences are valid for 18 months and the Appellant''s grievance is that because of the erroneous view taken by the Respondents, the validity period was curtailed to 3 months and that he was unable to utilise them.

2.

Without going into the niceties of the long-winded arguments advanced by the Appellant, we feel that, though the Appellant-original Petitioner succeeded substantially in his Writ Petition, by reason of the extremely short periods of revalidation of the import licences, he was hardly able to utilise them. We also feel that his grievance of not being given the Subsidiary Licences for AM 83 is justified.

3.

In the interest of justice, we are of the view that, in addition to the relief granted by the learned Single Judge, the Appellant should be given relief by way of directions to the Respondents as under :

(1) The Respondent shall, within eight weeks from today, issue Subsidiary Licences for AM 83. Such licences shall be revalidated for a period of six months from the date on which they are issued or dispatched ;whichever is later;

(2) The Subsidiary Licences for AM 84 to AM 88 shall, within a period of eight weeks from today, be revalidated for a period of six months from the date on which they are revalidated or despatched, whichever is later.

4.

The Appeal is allowed and the Order of the learned Single Judge modified to this extent only. There shall be no order as to cost.

Certified copy of this order, if applied for, on the payment of requisite charges, to be supplied within 7 days of the case papers reaching the Department.