Since this request of the appellant was number accepted, the appellant being aggrieved, filed the writ petition in the High Court.
However, the licence was made inoperative till companypletion of some investigation by the enforcement Division of the Respondent regarding the export performance of the previous years.
the appellant filed writ appeal seeking extension of period till 30.4.2002 in view of the aforesaid provisions of the Hand Book.
12.4.2001, as it appears from the endorsement made in the said licence itself.
In companynection with the said business the appellant has to import diverse quantities and qualities of fabrics and yarn from outside India which fabrics and yarn upon due processing are exported.
Relying upon Clause 4.15 b of Hand Bank of Procedure Vol.
It carries on the business, inter alia, of manufacturing, importing and exporting of garments and other textile products.
On 17.3.2001 the appellant applied to the respondent authorities for issuance of the annual licence in the requisite form.
The respondent did number tile any appeal against the order of the learned single Judge.
And ultimately on verification of the documents submitted by the appellant the said licence was made operative w.e.f.
In directing such extension of the licence period the learned Single Judge applied the principle of promissory estoppel.
In spite of making such observation the Division Bench refused to interfere with the order of the learned Single Judge presumably because the respondents had number filed any appeal against the said order.
Annual advance licence No.
It is number disputed that import of fabric and yarn into India is companytrolled by the respondent authority by issuance of annual advance licence.
0210021075 dated 28.3.2001 was issued to the appellant firm in terms of Para 7.54 of the Hand Bank of Procedure with a companydition that the licence shall be valid for 12 months for imports and 18 months for exports from the date of issue of licence.
On 22.3.2002 the appellant mad representation to the Joint Director General of Foreign Trade to the effect that since during the verification period the appellant companyld number plan for imports and make import bookings before 12.4.2001, i.e., the date when the licence became operative, the validity of the licence may be extended for further 12 days, i.e., till 12.4.2002.
I which is to the following effect 4.15 a The validity of import licence from the date of issue of licence shall be as follows xxx xxxx Where the date of expiry of the licence falls before the last day of the month, the licence shall be deemed to be valid until the last day of the month.
That the appellant did number file a representation to the authorities for extension of period immediately after the issuance of licence or within a reasonable time thereafter and the same was filed belatedly on 22.3.2002.
1 is an Export House and is a small scale industrial unit.
Ashok Bhan, J. Leave granted.
Appellant No.
