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1974 Supreme(All) 3

R.L.GULATI
Khunnoo Lall and Sons – Appellant
Versus
The Union of India – Respondent


Advocates:
V.N. Khare, for Petitioner; T.N. Sapru and V.K. Burman, for Respondents.

Judgement

ORDER :- This is a petition under Article 226 of the Constitution. The petitioner is a firm carrying on business at Kanpur. It appears that in the year 1966-67 the Government of India launched a scheme for the import of spare parts of essential machinery and equipment from U.S.A. under U.S. Aid Non-Project Loan. Consequently the Ministry of Commerce. Government of India issued a public notice No. 115 dated 11th August, 1966 setting out the conditions and procedure for obtaining licences for spare parts of machinery. Subsequently another public notice No. 117-ITC (PN)/66 dated 16th August, 1966 was issued by the Ministry of Commerce, Government of India mentioning the articles which could be imported under the aforesaid scheme after taking out the necessary import licences. One of the items of which the import was permitted was "spare parts of refrigeration and air conditioning machinery other than domestic refrigerators". In response to this notice the petitioner firm applied on 30th of July, 1966. to the fourth respondent, the Deputy Chief Controller of Imports and Exports, Kanpur, for the grant of a licence to Import "open type condensing units run by 1 H.P., 2 H.P., 3 H











































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