nil dated 21.4.1986 forwarding therewith Imprest Licence No.
These two orders are challenged in the writ petition.
The Joint Chief Controller of Imports and Exports by his two decisions, one dated 5.8.1986 per taining to the Imprest Licence 2927607 dated 29.4.1980 and the other dated 9.4.1986, pertaining to the other five Imprest Licences declined the request.
The Judgment of the Court was delivered by VENKATACHALIAH, J By this petition under Art.
U. Mehta, A. Subba Rao, P. Parmeshwaran, Harish N. Salve, N.D. Garg, Rajiv K. Garg, P.H. Parekh, Ms. Ayesha Misra and M.N. Shroff for the appearing parties.
32 of the Constitution, Messrs. Rup Diamonds, a Registered Export House, assail the validity of the decisions dated 9.4.1986 and 5.8.1986 of the Joint Chief Controller of Imports and Exports declining to re validate and endorse six Imprest Licenses for import of Open General Licence items upon the fulfillment by the petitioners of their export obligations under the Imprest Licences.
On this the companymunication says We are surprised to have received your letter No.
Petitioners seek issue of appro priate writs to the Authorities to re validate the six Imprest Licences, with appropriate endorsement for the import of open General items under the Import Export Policy of 1982 83 A.M. 1983 .
The first pertains to the inordinate delay in seeking revalidation and endorse ment.
It was only in the year 1986 they sought such revalidation and endorsement.
2927607 dated 29.4.1980 exchange companytrol companyy for the period AM 83 for grant of revalidation and endorsement for import of OGL items without debiting the licence in terms of para 1985 of Import Policy for the period 1982 83 after 5 years of the expiry of the licence for which the export obligation period was discharged on 25.10.80, 22/25.10.80, 29.10.80, 19.5.81, 5.5.81, 22.6.81, 5.5.81, 20.5.81, 29.6.81, 22.9.81.
This writ petition came up for preliminary heating along with Special Leave Petition Civil Nos.
The grounds are, broadly, on two aspects.
However, the petitioners did number bestir themselves to seek the revalidation and endorsement for OGL items for quite some time thereafter.
2579 of 1987 and 2580 of 1987 preferred by the Union of India seeking leave to appeal from two Judgments of the Division Bench of the High Court of Judicature at Bombay in two other cases.
Under Article 32 of the Constitution of India.
ORIGINAL JURISDICTION Writ Petition No.
Petitioners are a recognised Export House for purposes of the Import Export Policy, 1982 83.
1,47,16,238, for the import of uncut and unset diamonds with the obligation to fulfill certain export companymitment for the export, out of India, of cut and polished diamonds of the FOB value, stipu lated in each of the imprest licences.
They applied for, and were granted, six imprest licences 1 2932347 dated 31.7.1982 for CIF value of Rs.65,28,500 2 293259 dated 20.8.1982 for Rs.1,14,49,263 3 0470538 dated 11.5.1982 for Rs.1,43,76,770 4 0449604 dated 12.5.1981 for Rs.1,32,39,130 5 0468397 dated 16.4.1982 for Rs.5,21,747 and 6 2927607 dated 29.4.1980 for Rs.
411 of 1987.
That was after a lapse of several years from the companypletion of their export obligations.
The grounds for refusal in both the decisions are simi lar, except for the reference to certain relevant dates.
