Ajit K.Sengupta, J. - (1.) This appeal is directed against the judgment and order passed by a learned Single Judge of this Court on 28th July, 1990 dismissing the writ application filed by the appellants herein challenging the validity and/or legality of a public notice bearing No. 122-ITC(PN)/88-91 dated 26th April, 1989 issued by the Ministry of Commerce, Government of India, New Delhi, and an Import Trade Control Order No. 52/88-91 dated 28th April, 1989 issued by the Ministry of Commerce, Government of India.
(2.) The facts giving rise to the instant appeal are as under : The appellant company has a factory at village Dhoom Manikpur, in the District of Ghaziabad in the State of Uttar Pradesh and the principal raw-materials required for running the said factory by the appellants is rags both woollen and synthetic as well as shoddy wool. Since, these raw-materials are in short supply in this country, these are allowed to be imported under the Open General Licence Scheme of the Government of India contained in the Import Policy 1988-91 subject to the conditions imposed regarding, inter alia, importation through canalising agency and/or importation under specific licences granted by the Import Licensing Control Authorities.
(3.) Under the said Import Policy, the Government of India, in exercise of powers conferred upon it under Section 3 of the Imports and Exports (Control) Act, 1947 (hereinafter referred to as the said Act) issued an order on or about 30th March, 1988 being Open General Licence Order No. 1/88, whereby the said goods were allowed to be imported under the Open General Licence Scheme by an actual user subject, inter alia, to the condition that the contract for importation of such goods had to be registered, prior to the import of the said goods with the Textile Commissioner of the Government of India. It was only after the contracts were registered with the said Textile Commissioner and the appropriate registration number was granted by the said authority, the said goods could be imported.;