Oswal Agro Furane Limited vs Union of India (UOI) and Others

It has been urged by Shri Patwalia that in the first line of the last paragraph of the judgment by a typographical mistake sub-par as (ii), (iii) and (v) of para No. 1 of Annexure P-7 had been mentioned as sub-paras of Para 2, though there are no sub-paras (ii), (iii) and (v) in Para 2 of Annexure 7, and the findings recorded in the judgment clearly indicate that restrictions contained in sub-paras (ii), (iii) and (v) of Para 1 and whole of Para 2 of this letter had been held illegal and invalid. Mr. Brar has also not contested these assertions.

We find merit in the submissions of Mr. Patwalia. It is evident from the perusal of the judgment that we had actually quashed restrictions and conditions embodied in sub-paras (ii), (iii) and (v) of Para 1 and whole of Para 2 of the impugned Annexure P-7 and due to typographical mistake the word ''Para 1'' had been omitted while describing sub-paras (ii), (iii) and (v). We allow this application and make the necessary correction in the judgment. The last para of the judgment shall now read as under:

For the foregoing reasons, the restriction imposed in sub-paras (ii), (iii) and (v) of Para 1 and Para 2 of respondent''s letter dated 18th May, 1987 (Annexure P-7) are hereby quashed by accepting this writ petition, besides directing the respondents to allow the import of the entire capital goods to be transported and installed in the custom bonded factory. No specific order is required to be passed in Civil Misc. No. 1080 of 1989 as the interim order passed therein stands merged in this final order of the parent writ petition. In the peculiar circumstances of the case, there is no order as to costs.