GALAXY CHEMICALS Vs. UNION OF INDIA

JUDGEMENT

(1.) The controversy in this petition stands concluded by our decision dated March 11, 1994 delivered in Writ Petition No. 1895 of 1985. In view of that judgment, the petitioners are entitled to the relief claimed by prayer (a) of the petition. Shri Bulchandani, earned Counsel appearing on behalf of the Department, submitted that even though firm commitments were made by opening irrevocable letter of credit before the date of issue of notice that would not make any difference and the import was not valid. In support of submission, reliance was placed on the decision of Division Bench and to which one of us (Pendse, J.) was party in (Darshan Oils Pvt. Ltd. V/s. Union of India). We are afraid that the observations made in the judgment are not properly appreciated. The observations were made in respect of import of item-- fatty acids' and fatty acid oils'--which were canalised. The observations in the head-note that no exception is possible even in respect of import against shipments made by opening irrevocable letter of credit before issue of public notice should be in the context of import of items which were already canalised. The observations cannot be misread so as to apply in respect of every import even though not canalised.

(2.) Accordingly, petition succeeds and rule is made absolute in terms of prayer (a). In the circumstances of the case, there will be no order as to costs.