1985 (4) TMI 190

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....and Craigie Blunt & Caroe & Shri V.G. Rege with Mr. J.P. Devdhar, for the Respondents. [Oral Judgment].  - The petitioners are manufacturers and exporters of cotton ready made garments including T-Shirts, Children's clothing, Industrial Garments etc. 2. By a circular No. STT-36(1)/1620/78 issued by the Indian Cotton Mills Federation (respondent No. 2) on behalf of the first responden....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Shirts. These contracts were order Nos. 78248, 78249, 78345, 78241, 78239, 78173, 78233, 78240 and 78242. Persuant to these contracts the goods were exported in the months of January and Feburary 1979. Thereafter the petitioners submitted to the second respondents their applications for cash assistance incentives under the said scheme in respect of the exports so effected. The petitioners however,....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....purchasers on the basis of the said scheme. They had charged lower prices on the footing that they would be given cash incentive on the exports so effected by them under the scheme. In these circumstances for contracts which were concluded prior to the withdrawal of the scheme the petitioners were entitled to the benefit of the scheme and the respondents who had held out a promise under the scheme....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....t with the above two judgments. In the present case also the petitioners have averred that the contracts in question were entered into by the petitioners at a low price having regard to the stiff competition in the market abroad. The petitioners had agreed to such low price in view of the cash assistance promised by the Government of India under the said export promotion scheme. In these circumsta....