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1972 Supreme(Cal) 165

P.B.MUKHARJI, B.C.MITRA
JAY ENGINEERING WORKS LTD. – Appellant
Versus
M. G. WAGH – Respondent


Advocates Appeared:
B.Sen, G.C.LAW, M.K.BANERJI, R.N.PYNE, S.ROY CHAUDHARY

B. C. MITRA, J.

( 1 ) THIS appeal is directed against a judgment and order dated November 20, 1970, by which the Rule Nisi obtained by the appellant was discharged.

( 2 ) THE appellant is a manufacturer and seller of Sewing Machines and Electric Fans, which are exported to various countries including the United Kingdom. Before April 19, 1962, goods manufacture ed by the appellant were consigned to Merchant Engineering Ltd. , London, on outright sale basis. On and from April 1, 1902, these goods were despatched to Usha Sales (P) Ltd. in the United Kingdom with whom the appellant had entered into a selling agency agreement.

( 3 ) ACCORDING to the appellant the price of Sewing Machines in United Kingdom had to be reduced in order to boost up sales which had declined by reason of competition from Japan, and the other European countries. By two notices both dated November 5, 1966, under Section 19 (2) of the Foreign Exchange Regulation Act, 1947, (hereafter referred to as the Act), the Deputy Director. Enforcement, Calcutta, required the appellant and Usha Sales (P) Ltd. to furnish certain information and documents regarding the export of Sewing Machines to the United Kingdom includi













































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