The said licence was claimed to have been issued in companypliance with the order of this Court dated 18th April, 1985.
Aggrieved by the said order, Union of India preferred an appeal before the Division Bench of the Bombay High Court.
3418 of 1986 From the Judgment and order dated 22/23.7.1986 of the Bombay High Court in Appeal No 565 of 1986.
There Indo Afghan Chambers of Commerce and its President aggrieved by the grant of additional licences to the respondents, M s Rajnikant Brothers and M s Everest Gems for the import of dry fruits came to this Court.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Soli J. Sorabjee, J.B Dadachanji, R Narain, Mrs. K.Verma, D.N.Mishra, Aditya Narayan and Harish N. Salve for the Respondents.
664 of 1986 supra dated 15th May, 1986 by a bench companysisting of both of us R.S. Pathak Sabyasachi Mukharji, JJ .
They challenged the action of the Customs authorities refusing to permit the clearance of the said Palm Karnel Fatty Acid in view of the decision of this Court in Raj Prakash Chemicals case 1986 2 SCR 297 and Indo Afghan Chamber of Commerces case AIR 1986 S.C. 1567 It may be mentioned that one Messrs. Dimexon a firm carrying on business of importing rough diamonds and exporting cut and polished diamonds were issued Export House Certificate under the import policy for the period 1978 79 and certain additional licences in or about the month of July, 1986 companyered by the licensing period AM 79.
The Judgment of the Court was delivered by SABYASACHI MUKHARJI, J. This is an application for special leave to appeal against the order of the Division Bench of the Bombay High Court dated 22nd 23rd July, 1986 filed on behalf of the Union of India.
M s Godrej Soaps P Limited, and a shareholder and Director of the said companypany, Mr A.B. Godrej who were petitioners went before the Bombay High Court in Writ Petition No.
1665 of 1986.
This Court examined some of the companytentions This Court reiterated that by the order dated 5th March, 1986, this Court has companystrued its order dated 18th April, 1985 referred to hereinbefore to mean that only such items companyld be imported by diamond exporters under the Additional Licences granted to them as companyld have been imported under the Import Policy 1978 79, the period during which the diamond exporters had applied for Export House Certificates and had been wrongfully refused, and were also importable under the Import Policy prevailing at the time of import which in the present case was the Import Policy 1985 88, i e, it meant to say that those importable at the time when licence was refused and must companytinue to be importable at the time when import is sought, i.e., 1985 88.
K. Ganguli and Sushma Relan for the Appellant.
The said petitioners who are respondents herein hereinafter described as respondents purchased 544.860 Metric Tonnes of Palm Kamel Fatty Acid on high sea basis imported under an additional licence.
