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1989 Supreme(Cal) 59

PADMA KHASTGIR, MAHITOSH MAJUMDAR
NETAI MOHAN SAHA – Appellant
Versus
COLLECTOR OF C. EX. AND CUSTOMS – Respondent


Advocates Appeared:
GOPAL CHAKRAVARTHI

PADMA KHASTGIR, J.

( 1 ) THIS appeal arises out of an order and judgment passed by Mr. Justice Bimal Chandra Basak on 6th May, 1980. The appellant before us has preferred this appeal being aggrieved by the said judgment and order.

( 2 ) AFTER cessation of the territory formerly known as East Pakistan and after the emergence of the sovereign state of Bangladesh in or about 1971, the Government of India entered into a bilateral agreement with Bangladesh for import and export for a certain period, of specified commodities being the produce and or manufacture of either India an Bangladesh upto an overall monetary ceiling indicated against the commodities for the purpose of import and export between the two countries. Under various terms and conditions the arrangement had been arrived at the said trade agreement, namely bilateral trade agreement came to be known as "trade Against Limited Payment, Arrangements", commonly known as L. P. A. arrangement. Such arrangement initially was inforce and/or in effect on and from 28th March, 1972 to 27th March, 1973. Subsequently the operative period of the said bilateral trade agreement was extended from time to time. The writ petitioner, the app





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