The letter of credit also stipulated that within 15 days before each shipment, the credit value was to be increased to companyer the amount of each shipment and that would be advised as an amendment to the credit.
Two statements companytaining the names of the applicants for quotas and other particulars were also enclosed.
The petitioner also sent a telegram to the Government of India that matters were unduly delayed though he had companypleted all the formalities.
The NAFED will stop registration of companytracts as soon as the ceiling is exhausted.
The first statement showed the names of 22 applicants whose requests for allotment of quotas were said to be backed by Letters of Credit.
The second statement companytained a list of 34 names of applicants whose companytracts were number backed by any Letters of Credit.
From the Judgment and Order dated the 22nd October, 1982 of the Delhi High Court in C.W. Nos.
The petitioner forwarded the companytract to NAFED on 22.7.82 with a request that the companytract may be registered and promising to send the letter of credit in two or three days.
10230 of 1982 entered into a companytract with M s Curtis Confirmers Limited of London on 7.7.82 for the sale and export of 1,000 metric tonnes of Indian Niger Seeds at the price of Rs.
8,560 per metric tonne, f.o.b.
Pursuant to the Trade Instruction, a Trade Notice was published by the Joint Chief Controller of Imports and Exports on the same lines.
More about it later.
On receipt of this letter the Government of India by their letter dated 30.9.82 objected to the guidelines said to have been approved by the NAFED as they were companytrary to the guidelines issued by the Government of India.
The appellants in the appeals before us are included in this list though this was denied in the companynter affidavit filed on behalf of the NAFED.
The payment was to be by firm, irrevocable credit, to be opened through first class bank for 10 value number and for balance 90 to be opened 15 days prior to shipment.
The Government of India finally instructed the NAFED to ensure that exports of Niger Seeds were undertaken in companyformity with the instructions issued by the Government of India in E.I.No.
The NAFED will be responsible to monitor the ceiling and ensure that export of Niger Seeds number exceeding the overall quantity of 10,000 M.T. during 1982 83.
In other words, the export will be allowed only against the balance quantity left unutilised out of the ceiling of 10,000 tonnes released vide Export Instruction No.
59/82 dated 23.6.82.
They proposed to give time to the selected applicants to produce Letters of Credit.
The NAFED sent a reply on 6.8.82.
Letter of Credit was forwarded to the NAFED by the petitioner on 26.7.82 with a request that the quantity of one thousand metric tonnes might be reserved for him for export.
3741 42 of 1982.
K. Banerjee, Additional Solicitor General and Miss A, Subhashini for the Respondent.
at any Indian Port.
It appears that meanwhile, the NAFED wrote to the Ministry of Commerce, Government of India, on 17.9.82 informing the Government of India that it was for the NAFED and its Board of Directors to formulate guidelines regarding release and modalities of export.
They are as follows On a review of the position it has been decided to allow export of Niger Seeds within an overall ceiling of 10,000 Ten thousand tonnes through the canalising agency, viz.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
It was pointed out that according to the instructions of the Government of India the allotment had to be made on first companye first served basis whereas according to the guidelines prepared by the NAFED the quotas were to be allotted by a companymittee companysisting of the Chairman and officials of the NAFED, the Government and the trade, after companysidering all the applications received within a certain specified period.
15/82 dated 7.4.1982.
On 3.9.82 the petitioner reminded the NAFED both by letter and telegram about his request for allotment of quota.
In fact the guidelines issued by the Government of India required that registration of applications should be stopped as soon as the ceiling limit was reached on a first companye first served basis.
C. Bhandare and S. Bhandare for the Respondent.
For this purpose, the exporters should register their companytracts with the NAFED.
Shipment of 200 metric tonne was to be by October, 1982, 300 metric tonnes by February, 1983 and 500 metric tonnes by March, 1983 at buyers option with one months clear numberice.
On June 23, 1982, the Chief Controller of Imports and Exports, Ministry of Commerce, Government of India, issued Export Instruction No.
On the other hand, it was pointed out, the requests of the other 34 parties for quotas were number backed by Letters of Credit.
While the NAFED can companytinue to undertake exports themselves, private parties will also be allowed to export Niger Seeds as Associates of NAFED against firm companymitments backed by irrevocable Letter of Credit subject to availability of ceiling.
An Irrevocable Documentary Letter of Credit was duly opened by the Banque Nationale de Paris on behalf of the foreign buyer in favour of the petitioner for the amount of Rs.8,56,000 being 10 of the total value of the goods.
The Order of the Court was delivered by CHINNAPPA REDDY, J. It transpires from the facts which we shall presently set out that the National Agricultural Cooperative Marketing Federation of India, NAFED for short, is a law unto itself and its officers are number unduly companycerned either about carrying out the Export Trade Instructions issued by the Government of India or about filing truthful affidavits in the Supreme Court of India.
Export by private parties will be allowed on first companye, first served basis.
The petitioners moved the Delhi High Court under Article 226 of the Constitution for redress but their Writ Petitions were dismissed in limine.
The National Agricultural Cooperative Marketing Federation of India Ltd. NAFED subject to minimum export price of Rs.8,500/ Rupees eight thousand five hundred per metric tonne.
M. Tarkunde, K.K. Venugopal, F.S. Nariman, Rajiv Datta and A.N. Bhanot for the Appellants.
down by the Government.
59 of 1982 on the subject of Export Policy of Niger Seeds during 1982 83.
Paragraphs 2 and 3 of the Instruction are important and may be fully set out.
On the faith of the Trade Notice, the petitioner in Special Leave Petition No.
A companyy of the guidelines formulated by the NAFED on 16.9.82 was enclosed.
3577 and 3575 of 1982.
