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2019 Supreme(SC) 2253

A.M.KHANWILKAR, DINESH MAHESHWARI
Union Of India – Appellant
Versus
T. R. Mehra Etc. Etc. – Respondent


Advocates Appeared:
Mr. Arijit Prasad, Sr. Adv. Ms. Aruna Gupta, Advocate, Mr. B. Krishna Prasad, Advocate, for the Appellant; Mr. V. Lakshmikumaran, Advocate, Ms. Charanya Lakshmikumara, Advocate, Mr. Aaditya Bhattacharya, Advocate, Ms. Monica Kasturi, Advocate, Mr. M. P. Devanath, Advocate, for the Respondent

ORDER

Heard learned counsel for the parties.

2. The action taken against the respondents was founded on order dated 14.11.1986 passed by the Competent Authority in exercise of powers conferred by Clause 8 (1) of the Imports (Control) Order, 1986 qua M/s. L.D. Textile Industries Ltd.

3. It is not in dispute that the import of goods by Obron Impex (Pvt.) Ltd. was in August, 1997. After coming into force of the Foreign Trade (Development and Regulation) Act, 1992 (hereinafter referred to as the 'Act'), indisputably, import of stated goods is in no way prohibited under that Act.

4. If so, the appellants must demonstrate that the Act provides for a savings clause to save the quasi judicial order passed by the Competent Authority in exercise of powers bestowed in it in terms of Imports (Control) Order, 1986. The provisions of the Act as rightly noted by the High Court, in no manner save the quasi judicial order. Moreso, when it had the effect of continuing prohibition regarding the import of goods otherwise made free and could be imported under the 1992 Act. Any other interpretation would result in validating the quasi judicial order issued in exercise of powers derived from the Statutor

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