GENERAL INSTRUMENTS COMPANY versus UNION OF INDIA & ORS.

Since the forfeiture order was not called for and conditions for export obligation were fulfilled, there was no justifiable reason for withholding the CCS claim; the respondents retained CCS amounts due without authority of law and were liable to pay the same, with interest.

Parties: Appellant: General Instruments Company; Respondents: Union of India & Ors.
Jurisdiction: India
Judgment Date: 25 August 2008
Procedural Posture: Civil Appeal / Appeal by Special Leave
Outcome: Appeal partly allowed
Legal Topics: Cash Compensatory Support (ccs), Import Licences, Forfeiture Orders, Project Funding, Administrative Procedure

Export Import Law Cash Compensatory Support (ccs) Import Licences Forfeiture Orders Project Funding Administrative Procedure

Case Brief

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Full judgment text Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 7

Parties

General Instruments Company

Appellant

Union of India & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave

Legal Issues

1 Whether the appellant was entitled to cash compensatory support (CCS) on supplies made under the project.
2 Whether the forfeiture order and denial of CCS were lawful given the conversion of the licence and fulfilment of conditions.

Ratio Decidendi

Court Disposition

Appeal partly allowed

Orders

Respondents directed to release CCS claim of Rs. 4,19,916/- within four weeks from date of judgment with interest at 9% per annum from 7th April 2006 till date of actual payment.
Appellant entitled to costs of appeal.