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1985 Supreme(Cal) 105

BHAGABATI PRASAD BANERJEE
CHEMI COLOUR AGENCY – Appellant
Versus
CHIEF CONTROLLER, IMPORTS AND EXPORTS – Respondent


Advocates Appeared:
A.N.SAHAY, B.C.DATTA, BHASKAR SEN, BHOLA NATH SEN, MIHIR CHAKRAVARTY, N.C.ROY CHAUDHARY, P.AGRAWAL

BHAGAWATI PRASAD BANERJEE, J.


( 1 ) IN this writ application, the petitioners challenged the validity of the order suspending the import licence as well as the action of the respondents 3 and 4 in refusing to clear the goods already imported on the basis of the Import Licence issued in this behalf. The petitioner 1 is a partnership firm and the petitioner 2 is a partner of the petitioner 1. The case of the petitioners is that on or about 24th September, 1984, the petitioners purchased from one M/s. Hindusthan Trading Company of Bombay one R. E. P. Licence No. P/k/3033988 dated 21st June, 1984 of Rs. 4,07,400/ -. The said licence was valid for importation of various items mentioned therein and on the basis of an endorsement on the reverse of the said licence valid for import of (a) Cerbaryl, (b) Methyl Pabathion, (c) Phorate, (d) Dephenylumine and (e) Pentaerythritol. The said R. E. P. License was issued to registered exporters under the Import Policy of the Government of India. Some percentage of import replenishment and materials was allowed for import against each product as well as other conditions relating thereto. The conditions under which the said R. E. P. Licence is issued,







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