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1992 Supreme(SC) 11

N.M.KASLIWAL, S.RANGANATHAN, KULDIP SINGH
Collector Of Customs, Calcutta – Appellant
Versus
M. Shashikant And Company – Respondent


Advocates:
A.SUBBA RAO, Abbas Naqvi, Anil B.Divan, C.S.Lodha, P.PARMESHVARAN, R.P.VADHVANI, SUMIT KACHVALA

JUDGMENT

KULDIP SINGH, J.:- The respondent, Shashikant & Company, had applied for the grant of Export House Certificate under the Import Policy 1978-79. The Certificate was denied on the ground that the respondent had not diversified its exports. Against the said order the writ petition filed by the respondent was allowed by the Bombay High Court and the respondent was held entitled to the Export House Certificate. Special leave petition filed by the Union of India against the said order was heard along with a bunch of similar petitions under the title Union of India v. Rajnikant Brothers. The petitions were dismissed on April 18, 1985 by an order in the following terms (1986 Supp SCC 692) :

"We have heard counsel for the parties and have gone through the judgments of the High Courts of Bombay and Delhi. We are unable to find, in the facts and circumstances of the case, any requirement of diversification of exports as a condition for the grant of Export House Certificates in the Import Policy for the year 1978-79. While confirming the High Courts Judgment quashing the order impugned in the Writ Petitions in the High Court we direct the appellants to issue the necessary Export House C

























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