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1986 Supreme(SC) 316

R.S.PATHAK, SABYASACHI MUKHARJEE
Star Diamond Company India – Appellant
Versus
Union Of India – Respondent


Advocates:
A.K.GANGULY, A.Subhashini, ASHOK GROVER, Atul, B.Munim, P.M.AMIN, S.N.KACKAR, Sushma Relan

Judgment

SABYASACHI MUKHARJI, J. :- These two Civil Misc. Petitions are by Star Diamond Company India. The applicant has referred to the judgments of this Court in Raj Prakashs case dated 5th March, 1986 (1986) 2 SCC 297: (AIR 1986 SC 1021) and Indo Afghan Chamber of Commerces case dated 15th May, 1986, AIR 1986 SC 1567. The applicant states that the applicant was neither a party nor was served with any notice of the said proceedings resulting in the said two decisions. According to the applicant, it was not bound by the directions therein. We are unable to accept the said contentions. Such decisions of Court laying down the position in law are laws binding on all.

2. In the order of this Court dated 18th April, 1985, the question of entitlement under certain circumstances came up for consideration. The Government had wrongfully refused to allow Export House Certificates to those who had not diversified their exports. It was held by this Court following decisions of several High Courts that this was wrong. This Court in the order dated 18th April, 1985 in Civil Appeal No. 142.3 of 1984, (a) confirmed the orders of the High Court, quashed the impugned orders of the Government and dire






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