D.N.SINHA
MARWARI MILLS STORES CO. – Appellant
Versus
A. K. BANDOPADHYAY – Respondent
( 1 ) THE facts in this case are shortly as follows: The petitioner firm carries on business in the importation of diverse Mill Stores and Accessories, On or about the 19th December, 1958 and 31st December, 1958 respectively the petitioner was granted two Import Licences by the Joint Chief Controller of Exports and Imports Calcutta. By the said licences, the petitioner was authorised to import spare parts of jute mill machinery as per lists attached thereto. under Sl. No. 37 (2) of Part II of the Import Trade (Control) Schedule, valid from October, 1958 to March, 1959. The petitioner was thereby authorised to import spares, components and parts of jute mill machinery falling under Sl. No. 37 (2) but excluding components for machinery included in Appendix XXXV of the said schedule, and Sl. 68 in part V. In September. 1960 the petitioner imported certain Cork Covers for jute mill machinery ex. S. S. Alwaki, from Germany. According to the petitioner, the goods imported were covered by the licences, as they were intended for Roll Former Machines, used in Jute Mills, and as such came under the heading of component parts of jute mill machinery. The Roll Former Machines w
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