Union of India and
others Vs M/s. Prince Rubber Industries
JUDGMENT
MARKANDEY KATJU, J
1.
This
appeal has been filed against the impugned judgment and order of the Division
Bench of Punjab and Haryana High Court at Chandigarh dated19.01.2004.
2.
The
facts of the case have been stated in the impugned judgment of the High Court
and hence we are not repeating the same here, except where necessary.
3.
The
Writ Petition in the High Court was filed for quashing the order dated23.03.2001
of the Deputy Director General of Foreign Trade. By the aforesaid order dated
23.03.2001 the Deputy Director General wrote to the Writ Petitioner(the
respondent herein) that its claim for grant of 8 % Cash Compulsory Support premium
against the advance import licence under the scheme funded by the Reserve Bank
of India cannot be allowed as the scheme had been closed since1994.
4.
By
the impugned judgment the High Court has quashed the letter dated23.03.2001 and
directed release of the grant of 8 % Cash Compulsory Support premium against
advance import licence as per circular No. 11 dated 05.05.1993along with
interest at the rate of 8 % per annum.
5.
We
see no infirmity in the impugned judgment.
6.
Under
circular No. 11 dated 05.05.1993 the application for relief was to be made by
31.07.1993.
7.
The
High Court has held that the Writ Petitioner (respondent herein) had applied on
26.07.1993. Hence its application was within time. The concerned authorities
failed to take necessary action on the application of the Writ Petitioner, and
their inaction cannot be a ground for denying the claim of the Writ Petitioner.
8.
Thus
there is no force in this appeal and it is dismissed. No cost.
....................................J.
[Mararkandey Katju]
....................................J.
[Gyan Sudha Misra]
NEW
DELHI;
DECEMBER
03, 2010
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