High CourtsDivision Bench(1997) 07 BOM CK 0072

International Research Park Labs. Ltd. vs Collr. of Cus., Bombay

Bombay High Court · Decided on 31 July 1997 · Citation: (1997) 73 ECR 29 : (1997) 96 ELT 513

HON’BLE JUDGES
T.K. Chandrashekhara Das, J · A.A. Desai, J
CASE NUMBER
Writ Petition No. 2231 of 1986, decided on July 31, 1997

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Judgment

3 paragraphs · 249 words

T.K. Chandrashekhara Das, J.—Petitioners were granted a licence to export in terms of the licence dated 6th August, 1985. The licence was issued on the premises that the petitioners could import the Assorted Cosmetics, Perfumery and Toiletry Products, provided the petitioners exported the goods valued added of 20 per cent of the imports. By a letter dated 6th May, 1986, Exhibit "J" to the petition, the Department had prohibited the petitioners from making any further imports stating therein that the petitioners had exceeded the prescribed limit under the licence.

2.

We have heard the learned Counsel for the petitioners and the Standing Counsel for the Central Government. The letter dated 6th May, 1986, Exhibit "J" to the petition, states that the petitioners had executed orders worth Rs. 7.55 crores and that was the reason for ordering them to stop further imports. It will be seen that though the prescribed limit under the contract was in terms of a quantity of 3,000 tonnes, there is no material placed before us, except these two documents, to come to a conclusion that the petitioners had exceeded the prescribed limit in terms of rupees. In view of this, we find no justification in passing the order dated 6th May, 1986, Exhibit "J" to the petition, and the same is liable to be quashed and set aside.

3.

In the result, the order dated 6th May, 1986, Exhibit "J" to the petition is quashed and set aside. Petition allowed and Rule made absolute accordingly.