Rajjab Ali & Sons And Ors. vs Union Of India And Ors.
1991 Latest Caselaw 218 Del

JUDGMENT

Sunanda Bhandare, J.

(1) This Writ Petition has been filed challenging the condition mentioned in para 90 of the Handbook of Procedure containing Export-Import Policy of the Union of India for the year 1988-89 with a further prayer that respondents be directed to issue a duplicate Customs copy of the additional license to the petitioner.

(2) Petitioner no. 1 is a Government recognised Export House. Export Certificate is issued to an exporter who receives foreign exchange of not less than Rs 2 crores. A registered Export House becomes entitled to receive additional import license in lieu of exports made. An import and export policy is issued from year to year by the respondents. As per import-export policy issued by the respondent for the year 1988-91, the petitioner became entitled to an import license in lieu of exports made of the valuer Rs. 2,83,92,851.00 which was granted to the petitioner no, 1 on 28th July, 1988 for the total amount of Rs. 34,07,100.00 The additional license entitled the petitioner to import items appearing in Part I List 8 Appendix 6 and capital goods etc. during the policy period 1988-91.

(3) When a license is issued, two sets of the same are issued, one is called Customs Copy and the other is known as Exchange Control Copy. The customs purpose copy is presented to the customs authorities at the port of discharge and as and when the goods are cleared on the basis of the license, the license is debited to that extent and corresponding entry is also made in the relevant ledger register/record as mentioned by the Customs Authorities. The exchange control copy of the license is for the purpose of presenting the same to the authorities dealing with the remission of foreign exchange. This export license is also transferable and can be transferred in part or whole to any one by whosoever is holder of the license meaning thereby that transferee of the license can further transfer and there is no limit of transfer of the said license. The license received by the petitioner no. 1 was transferred from time to time and finally came in the hands of petitioner no. 3 to the extent of Rs. 1 lakh. The Customs copy of the license in question was thus handed over to petitioner no. 3. Goods were imported by petitioner no. 3. However, it was not required by petitioner no. 3 to utilise this license because the goods got cleared under Ogl on 6th September, 1988. However, this license was shown to the customs authorities from time to time because it was felt that it may be necessary to utilise the license. In the process, the license got misplaced somewhere in the Customs Office and despite all efforts made the same could not be traced

(4) Since the license remained unutilised, petitioner no. 3 sought a duplicate copy from the respondents. It is submitted by the petitioner that unless exchange copy of the license is used customs copy of the license cannot be put to use for the reasons that the documents sent by thefo reign seller would not be cleared by any bankers unless exchange copy of the license is produced before the bankers for release of the documents without which Bill of Entry cannot be cleared at the port of discharge/delivery. Thus, it is submitted that from the exchange copy of the license it would be apparent that no part of the said license has been used and there is no endorsement of utilisation of the same.

(5) In the present case, the original exchange control copy of the license is in possession of one Rastogi Impex Pvt. Ltd. An affidavit of Rastogi Impex Pvt. Ltd. is on record. It is stated that Rastogi Impex Pvt. Ltd. is willing to produce the original exchange copy as and when required.

(6) Para 80 of the Handbook on Procedure provides for the grant of duplicate copy of a license. Para 90 of the said Handbook On Procedure stipulates that no duplicate license will be granted in respect of freely transferable Rep licenses and Additional licenses unless the original license has been lost or misplaced in the Import & Export Trade Control Organisation. When the petitioner approached respondent no. 3 for grant of a duplicate license the petitioner was told by respondent No. 3 that in view of para 90 the duplicate license cannot be issued. The petitioner therefore prays that the respondents be directed to issue the duplicate license.

(7) A similar question had arisen for consideration of this court in C W 2559 of 1984 : M/s Shychem Corporation and another v. Union of India and others and a Division Bench in that case passed the following order : "RESPONDENTSshould make all necessary enquiries within 10 days from today so that they can be satisfied that no duplication is done, in case a duplicate license is issued as sought by the petitioner, If satisfied, a duplicate should be issued as asked for within 15 days from today. In case there is any difficulty in working out this order, liberty to the respondents to seek directions of this Court. With these observations the petition is consigned to record. Liberty to either party to make a motion for revival of the petition".

(8) In yet another petition being CW. 2486/89 M/s Cosme De Exports Pvt. Ltd. and another v. Union of India and others, similar order was passed.

(9) The whole purpose of para 90 appears to be to ensure that no duplication is done and people do not import on the basis of false duplicate licenses even after full utilisation of the import license. I, therefore, consider it appropriate that similar directions are also passed in the preseat case.

(10) Learned counsel for the respondents has very fairly submitted that in similar matters, directions have been issued to the respondents to make necessary inquiries within a specified time and give a duplicate license as per the directions of the Court. In the circumstances, I direct the respondents to make necessary inquiries within 10 days from the service of this order so that the authorities can be satisfied to the effect that no duplication is done in case the duplicate license is to be issued in favor of petitioner no. 1 or his representative. It is further directed that in case respondents are satisfied that the said additional license or any part thereof which has been issued in favor of petitioner no. 1 has not been put to use then the respondents are directed to issue duplicate Customs copy of the additional license No. P/K/L/M/3095475/C/X/ 09/L/Addl. dated 28th July, 1988 for an amount of Rs. 34,07,100.00 which has been issued against export made of Fob value of Rs. 2,83,92,851.00 within 7 days thereafter. Since the validity of the license has expired during the pendency of the writ petition for no fault of the petitioner in case the respondents decide to issue the duplicate license then they are directed to extend-the validity of the additional license for a further period of six months from the date of such revalidation. If so required, petitioner no. 1 shall submit the exchange control copy for necessary endorsement of revalidation as the revalidation is to be made on both the copies.

(11) With these directions, the petition stands disposed of. However in case of any difficulty in working out this order, liberty is given to both the parties to approach the Court. No order as to costs.