1987 (8) TMI 291

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....antawala i/b M/s. Kantawala & Co., for the Respondents. [Oral Judgment per : Tipnis, J.] .  - This is an appeal against the judgment and order dated 19th February 1985 passed by the learned single judge of this Court by which he was pleased to allow the writ petition filed by the respondents. 2. The respondents by the writ petition challenged the action of the appellants of not allow....

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.... for the respondents to again import snap fasteners of the 5% of the value of the licence inasmuch as they had already imported zip fasteners earlier of the 5% of the value of the licence. The respondents contended that on proper interpretation of Appendix-17 and especially Note (3) in Column (5) against Entry-0 in the said Appendix, it is clear that the respondents were entitled to import snap fa....

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....o exceed 5% of the value of the licence subject to a maximum of Rs. 50,000/-. The learned judge further found that a plain reading of the note as well as the items mentioned in Column (4) of the table shows that the snap fasteners and zip fasteners have been all along treated as separate and distinct items. The learned judge found that a plain reading of Note (3) would undoubtedly suggest that eac....

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....nnecessary to consider the aspect as to how far such clarification is binding and what its real terms are. 5. Mr. Bulchandani further contended that on proper interpretation of Note (3) in Column (5) against Entry-0 in Appendix 17, it must be held that the holder of the licence is entitled to import snap fasteners and zip fasteners taken together for the value not exceeding 5% of the value of t....