SUPREME COURT OF INDIA
A.Varadarajan : Sabyasachi Mukharjee : M.Fazal Ali Syed
Union Of India
Versus
Rajnikant Bros
Case No. : 1423 of 1984
Date of Decision : 4/18/85
Constitution of India,1950 – Certificates - Counsel for parties and have gone through judgments of High courts are unable to find in case any requirement of diversification of exports as a condition for the grant of Export House Certificates in Import Policy for year – Held, While confirming High courts judgment quashing the order impugned in the Writ Petition in the High court direct appellants to issue necessary Export House Certificates for year - Export House Certificates shall be granted within months - Save and except items which are specifically banned under prevalent import policy at time of import respondents shall be entitled to import all other items whether canalized or otherwise in accordance with relevant rules - Appeals are disposed of
(1) 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 Petition in the High court we direct the appellants to issue the necessary Export House Certificates for the year 1978-79. The Export House Certificates shall be granted within 3 months from this date. Save and except items which are specifically banned under the prevalent import policy at the time of import, the respondents shall be entitled to import all other items whether canalised or otherwise in accordance with the relevant rules. The appeals are disposed of accordingly with no orders as to costs.
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