UNION OF INDIA AND ORS. versus M/S. CHOWGULE AND CO. LTD. AND ORS.

UNION OF INDIA AND ORS. versus M/S. CHOWGULE AND CO. LTD. AND ORS.

Trading houses/export houses remain entitled to additional licence for exports made during the period the old policy was in force, subject to the condition that imported items would be relatable to import policy in force. The High Court correctly quashed rejection orders and ordered payment of 20% premium in terms of Circular 11/93 instead of issuing additional licences.

Parties
Appellant: Union of India; Respondent: M/S. Chowgule and Co. Ltd.
Jurisdiction
India
Judgment Date
24 January 2003
Procedural Posture
Civil Appeal / Appeal From High Court Judgment/order Dated 16.12.93 in WP Nos. 480, 490, 522, 521/93 (bombay High Court, Panaji Bench, Goa)
Outcome
Appeal dismissed
Legal Topics
Export Import Policy, REP Licences, Trading House Entitlements, Transitional Arrangements, Promissory Estoppel
Administrative Law Commercial Law Export Import Policy REP Licences Trading House Entitlements Transitional Arrangements Promissory Estoppel

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Parties

Union of India

Appellant

M/S. Chowgule and Co. Ltd.

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment/order Dated 16.12.93 in WP Nos. 480, 490, 522, 521/93 (bombay High Court, Panaji Bench, Goa)

Legal Issues

  1. 1 Whether trading houses are entitled to additional licences under the old policy despite introduction of new Export-Import Policy
  2. 2 Legal effect and applicability of REP Circular No.11/93 dated 5.5.1993
  3. 3 Whether 20% premium is to be paid instead of issuing additional licences for pending applications

Ratio Decidendi

Trading houses/export houses remain entitled to additional licence for exports made during the period the old policy was in force, subject to the condition that imported items would be relatable to import policy in force. The High Court correctly quashed rejection orders and ordered payment of 20% premium in terms of Circular 11/93 instead of issuing additional licences.

Court Disposition

Appeal dismissed

Orders

  • Orders passed by authorities rejecting respondent's claim for additional licence quashed
  • Union of India directed to pay 20% premium to respondents in terms of Circular 11/93 instead of issuing additional licence