1993 (8) TMI 69

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....rch 1984. The import of split stearin fatty acid was not canalised when the policy was declared by Government of India. The petitioners entered into contract with M/s. Haji M. Moosa and Company, Singapore for purchase of 150 Metric Tonnes of split stearin fatty acid on August 1,1983. In pursuance of the contract, the petitioners opened irrevocable letter of credit in favour of the vendor on October 3,1983. 3. On November 11, 1983, the Government of India, Ministry of Commerce, issued a public notice providing for amendments to import and export policy for April 1983-March 1984. The amended policy, inter alia, provided that import of fatty acids and acid oils can only be through the canalising agency. A paragraph was added to Appendix 9 whi....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ourt an amount equivalent to 2% of the c.i.f. value of the goods for the payment to State Trading Corporation of India in case the petitioners fail in the challenge to the Public Notice. The petitioners were ordered to furnish Bank guarantee in the sum of Rs. 1,50,000/- with a direction that the Bank .guarantee should be kept alive for a period of four weeks after the date of disposal of the petition. The learned Judge permitted the respondents to commence adjudication proceedings in respect of the consignment imported by the petitioners but with the direction that the order passed on adjudication shall not be enforced pending disposal of the petition. Shri Vyas, learned counsel appearing on behalf of the Department, informs that adjudicati....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ent of the Import Policy makes it clear that import cannot be permitted except through canalising agency and the exception is in respect of import against shipments before the date of Public Notice. It is not in dispute that the shipment of the consignment imported by the petitioner was long after November 11,1983. In these circumstances, the petitioners are not entitled to any relief and the petition must fail. 5. Shri Vyas, learned counsel appearing on behalf of the Department, submitted that though the learned Single Judge permitted the respondents to commence adjudication proceedings, the same were not undertaken because the consignment was directed to be cleared. Shri Vyas submitted that as the petition has now failed, the respondents....