S.K. Desai, J. - (1.) This is an appeal from the order of the learned Single Judge dated 28th April 1979 in Miscellaneous Petition No. 904 of 1979. The observations made in this appeal will govern the decisions in the remaining appeals. The 1st Respondents to this appeal are M/s. C. Damani and Company and in this appeal we are concerned with five contracts, three of them for the total quantity of 1200 kg. and two for the total quantity of 800 kg. In respect of the 1st group of three contracts prior to the changes with which we are concerned in this appeal and which have been noted in para 1 of the judgment appealed from, all the formalities had been completed including endorsement of the licences thereon. It appears, however, that after the changes effected on 20th February, 1979 it is possible that some of the endorsements already made and orders endorsed and/or inscribed on the shipping documents may have been cancelled by various authorities of the Union of India, for example the Joint Chief Controller of Imports and Exports or the Customs authorities under the belief that a total ban had been imposed by the Government of India on the export of silver on account of which they were compelled to act in that manner. In the remaining two contracts the shipping documents had been submitted by the 1st Respondents to the appeal (original petitioners), but no endorsement was made thereon of the export licence. It was submitted to us, however, that this should be considered to be a mere formality and that as a matter of substance there was no distinction whatever amongst these two groups of contracts. The total quantity as far as the 1st Respondents are concerned is 2000 kg. (two metric tonnes) which is covered by the five contracts or deals earlier mentioned.
(2.) By the impugned order which is assailed in the appeal, the learned Single Judge has granted interim relief in terms of prayer (f) excepting certain bracketed portion. The intention as would be gathered from the detailed order was to permit the export of the entire quantity of 2000 kg. covered by these five deals. During the course of arguments it appeared to us that the prayer for interim relief may not be satisfactorily worded and hence an application for amendment was made by each of the petitioners for necessary amendment of prayer (f) adding certain sentences at the end thereof. As this modification was necessary, it was allowed and the parties were directed to carry out the necessary amendments forthwith.
(3.) The necessary facts have been set out in the order of the learned Single Judge and we do not wish to repeat them in this order. It may be mentioned that the matter was argued on the last two days of the Court's working before the summer vacation and the arguments were over at almost 4.30 p.m. so that this order is being dictated during the vacation. Expeditious hearing was necessary inasmuch as the few days of shipment under the contracts would appear to have expired or are about to expire. It also appears from telex messages exchanged between the foreign buyers and the State Trading Corporation that the foreign buyers are still interested in obtaining the quantity of silver under these contracts and, therefore, had upto the last date of hearing viz. 27th April, 1979, treated the contracts as still subsisting.;