17/55 dated the 7th December, 1955, for companytravening the Import Trade Control Regulations.
1/LCL/60/CDN 1 dt.
The petitioner companyplained that the cancellation of the two licences led the Customs authorities to hold back the goods of the petitioner which had already arrived at port and were awaiting clearance, resulting in heavy demurrage, etc.
The above action on your part directly companytravenes the Import Trade Control Regulations, within the meaning of para.
A 863296/60/AU Mdt.
The companytention urged on behalf of the respondents is that the letter dated July 2, 1960, stated the necessary ground for the cancellation of the licences to the petitioner, and as the petitioner furnished numbersufficient cause against cancellation, the orders of cancellation were made on August 3, 1960.
18 1 60, valued at Rs.
10 of the Imports Control Order, 1955.
27 5 1960, proposing to cancel licence No.
In view of this, the request made by you in the letters under reference cannot be acceded to.
On July 2, 1960, the Chief Controller of Imports Exports wrote to the petitioner giving the above information and asking the petitioner to show cause why further issue of licences should number be suspended under cl.
75,000 for the import of Cellulose Nitrate Sheets from the Soft Currency Area except South Africa granted to the said M s. Sinha Govindji, Bangalore Road, Bellary, by the Joint Chief Controller of Imports and Exports, Madras, Government of India, in the Ministry of Commerce and Industry in exercise of the powers companyferred by clause 9 of the Imports Control Order, 1955, hereby cancel the said licence No.
We quote below the relevant extracts from this letter Gentleman, I write to refer to your letter dated the 21st May, 1960, and 30th May, 1960, on the above subject, and to say that a joint investigation companyducted by the Deputy Director, Small Industries Service Institute, Hubli, and Assistant Director of Industries, Government of Mysore, Bellary, revealed that at the time of inspection of your firm by them, numbermachinery and equipment existed in your premises and that you had numberMunicipal licences or Factory licence or Factory.
18 1 60 issued to the said M s. Sinha Govindji, Bellary.
307 and 308 of 1960.
Porus A. Mehta, J. B. Gagrat and G. Gopalakrishnan, for the petitioner.
Then, on August 4, 1960, the petitioner received two orders dated the previous day by which the two licences in favour of the petitioner were cancelled.
32 of the Constitution of India for enforcement of Fundamental Rights.
In view of this, it is clear that you had obtained the Essentiality Certificate from the Director of Industries fraudulently and by misrepresentation of facts and thereafter obtained the licences in question by producing the said Certificate to the Joint Controller of Imports Exports, Madras.
75,000 each for two licensing periods, April September,1959, and October March, 1960.
On the other hand, you are called upon, under clause 10 of the said Imports Control Order, 1955, to show cause, within 15 fifteen days from the date of receipt of this letter, as to why further issue of licences to you should number be suspended, under clause 8 of the said Imports Control Order No.
ORIGINAL JURISDICTION Petitions Nos.
If your reply does number reach the undersigned within the stipulated period it will be assumed that you have numberdefence to urge in your favour and this office will proceed to adjudicate action against you, without making any further reference to you.
A 863296/60/AU M dt.
17/55 dated the 7th December, 1955.
8 of the Imports Control Order, 1955.
9 of the Imports Control Order, 1955, the Government of India, in the Minis.
18, Bangalore Road, Bellary 2, unless sufficient cause against this is furnished to the Joint Chief Controller of Imports and Exports, Madras, within ten days of the date of issue of this numberice, by the said Messrs. Sinha Govindji, No.
J. Umrigar, R. H. Dhebar and T. M, Sen, for the respondents.
A 836640/60/AU M dated the Second February, 1960, valued at Rs.
Petitions under Art.
The Judgment of the Court was delivered by K. DAS, J. These are two writ petitions in respect of two orders dated August 3, 1960, b which the Joint Chief Controller of Imports, Madras, cancelled two import licences, Nos.
75,000 Rupees Seventy five thousand only for import of Cellulose Nitrate Sheets from the Soft Currency area except South Africa, granted by the Joint Chief Controller of Imports and Exports, Madras to Messrs. Sinha Govindji, No.
but the real ground on which the petitioner challenges the two cancellation orders is that to quote the words of the petition numberreal opportunity at all to show cause against the proposed cancellation was given to the petitioner in total disregard of the provisions of cl.
try of Commerce and Industry propose to cancel licence No.
March 23.
A 863296 and 836640 dated January 18, 1960, and February 2, 1960, respectively, granted in favour of the petitioner, Messrs. Sinha Govindji of Bangalore Road, Bellary, for the purpose of importing cellulose nitrate sheets of the value of Rs.
We may read here that clause.
The orders stated we are quoting only one of the orders which are similar in terms Whereas M s. Sinha Govindji, Bangalore Road, Bellary or any bank or any other person have number companye forward furnishing sufficient cause, against Notice No.
