1989 (11) TMI 45

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....and its connected officers are not taking effective steps before this court for adjudication of the matter in dispute. It is no use of arguing at length before this court on behalf of the respondents without filing any affidavit and without controverting any allegation made by the petitioner and even without production of any record. The rule was issued on 27-8-81. Since then the respondents are f....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... case of the petitioners that in fact they acted on the basis of the said representation made by the respondents Union of India and entered into a contract for import of P.V.C. resins and opened letters of credit in respect thereof. Thus acting on the basis of representations made by the respondents Nos. 1 and 2, the petitioner altered its position to its prejudice. Therefore, the respondents Nos.....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....g Company) wherein the Supreme Court held that the mere recital in the preamble that the earlier order had given room for many types of misuse by itself could not establish that the concession was in fact misused. It was the duty of the Government and the concerned authorities to file a counter-affidavit and place before the court the relevant facts establishing misuse. In the said case before the....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....red the number of decisions of the Supreme Court and of other courts, this Court concluded that there is no doubt as to the principle of estoppel and promissory estoppel as available in appropriate cases and the writ court will not grant relief unless sufferance of the petitioner in appropriate cases are demonstrated in the proper perspective. Various decisions on the point of estoppel and promiss....