2005 (7) TMI 694 - HC - Indian Laws

Court denies quashing circular affecting garment exports, advises seeking damages separately.

The court declined to quash the circular as it would not remedy the petitioner's inability to export garments due to expired deadlines. The court advised ... - Issues:1. Quashing of circular dated 27.10.2004 as unconstitutional, arbitrary, and illegal.2. Amendment of the writ petition to include a prayer for damages.3. Liability of the respondent to pay damages to the petitioner.Analysis:1. The petitioner, engaged in garments exporting under the 'Garment Export Entitlement Policy,' filed a petition seeking to quash a circular issued by the respondent on 27.10.2004. The circular, as per the petitioner, prevented the export of garments by failing to issue necessary endorsements. The petitioner argued that the excess quota issued by the respondent caused losses as promised deliveries to foreign buyers could not be fulfilled. The petitioner sought damages for the losses incurred due to the respondent's actions.2. The counsel for the respondent contended that the writ petition had become infructuous as the deadline for utilizing the allotted quota had passed. The court acknowledged that quashing the circular at that point would not enable the petitioner to export garments under the entitlement. Therefore, the primary relief sought in the petition could not be granted due to the time lapse and practical impossibility.3. Regarding the additional prayer for damages, the court opined that since the respondent disputed liability for damages, the petitioner should seek redressal through a separate suit in a civil court. The court disposed of the writ petition, granting the petitioner liberty to pursue the claim for damages in the appropriate civil forum. This decision clarified the course of action for the petitioner in seeking compensation for the alleged losses suffered.