Import licence relief expanded where earlier directions were inadequate for effective use of subsidiary licences

Where existing relief was insufficient to secure meaningful utilisation of import licences, further consequential directions were warranted. The Court directed issue of subsidiary licences for AM 83 after finding the denial justified, and ordered revalidation of the subsidiary licences for AM 84 to AM 88 for a further six months because the earlier revalidation period was inadequate for effective use. The additional relief was treated as necessary to make the earlier order practically effective, and the appeal succeeded with the order modified accordingly.

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Issues: Whether the appellant was entitled to directions for issue of subsidiary licences for AM 83, and whether the subsidiary licences for AM 84 to AM 88 required further revalidation for a longer period.

Issue (i): Whether the appellant was entitled to directions for issue of subsidiary licences for AM 83.

Analysis: The appellant's grievance that subsidiary licences for AM 83 had not been granted was found to be justified. The Court treated the denial as warranting further relief in addition to the relief already granted by the Single Judge.

Conclusion: The appellant succeeded on this issue, and directions were issued for grant of subsidiary licences for AM 83.

Issue (ii): Whether the subsidiary licences for AM 84 to AM 88 required further revalidation for a longer period.

Analysis: The short period of revalidation already granted was found to have been inadequate for effective utilisation of the licences. The Court therefore directed that the licences be revalidated for a further period of six months.

Conclusion: The appellant succeeded on this issue, and the subsidiary licences for AM 84 to AM 88 were ordered to be revalidated for six months.

Final Conclusion: The appeal succeeded and the earlier order was modified to grant additional directions for issue and revalidation of the subsidiary licences.

Ratio Decidendi: Where the existing relief is found insufficient to afford meaningful utilisation of import licences, the Court may grant additional consequential directions to ensure effective relief.

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