S.C.DHARMADHIKARI,J. - (1.) By this petition under Article 226 of the Constitution of India, the petitioners have challenged the orders/communications, a reference to which is made in prayer clause (a).
(2.) That prayer reads as under: "(a) that this Hon'ble Court be pleased to issue a Writ of Certiorari or a writ in the nature of Certiorari or any other appropriate writ, order or direction under Article 226 of the Constitution of India calling for the papers and proceedings pertaining to the orders/subject matter of the present Petition and after going through the legality and propriety thereof be pleased to quash and set aside the impugned orders dated 3.6.1999, 8.11.1999 and 16.3.2000 being Exhibits 'F', 'F1' and 'H' hereto."
(3.) The brief factual background in which the petitioners have approached this Court is that, they are manufacturer and exporters of cut and polished diamonds. They are also a trading house. They have been regular in fulfilling their export obligation. They stated before the authorities that they obtained a licence and that licence was for the period June, 1997 and August, 1997. The petitioners say that the export obligation could not be fulfilled within time. As against each sight, the obligation was to be fulfilled within five months from the date of the import. In the instant case, there was a delay in fulfilling that export obligation and that is how the petitioners requested for extension of time. Their applications seeking extension of time were placed before the Competent Authorities who allowed the request. In the sense they stated that if the petitioners fulfilled the export obligation, the question of imposition of penalty would be considered later. The petitioners relied upon the communication to that effect, copy of which is at page 44 of the paperbook. This communication reads as under: "GOVERNMENT OF INDIA MINISTRY OF COMMERCE OFFICE OF THE JOINT DIRECTOR GENERAL OF FOREIGN TRADE NEW C.G.O. BLDG. NEW MARINE LINES, CHURCHGATE, MUMBAI20. File No.DTC/03/59/048/5/AM98/L/ILSI/June '97/ Date: 15.12.97 M/s. Livingstones Mumbai4. Sub: Request for E.O. extension for 3 months against June '97 sight under Annual DTC Lic. No.0310017084/25.4.97. Gentlemen, With reference to your letter dt. 6.11.97 on the above subject, I write to inform you that, You are requested to first complete the Export obligation against June '97, sight (under Annual DTC lice.No.0310017084 dt. 25.4.97) and than your request will be considered. Yours faithfully, Sd/ (D.S. Bhangare) Foreign Trade Development Officer For Jt. Director General of Foreign Trade" ;