- (1.) This writ application was moved by the petitioners, inter alia, praying for a writ in the nature of Mandamus commanding the respondent No. 2 to issue the 'No Objection Certificate' in the form prescribed in Appendix IV-B of the Hand Book of Import and Export Procedure for the year 1985-88 forthwith, entitling the petitioners for the Import Licence for 10,000 metric tones of raw materials i.e. re-rollable scrap cutting of semi-billets, used rails and scrap cuttings and bars as was permissible to be imported as on 30th rune, 1987 in the name of the petitioner No. 1 for direct import and for certain other reliefs.
(2.) The facts of this case in short are that the petitioners are engaged in the manufacture of M.S. Rounds, Round Bars, Plates, Angles etc. and are the Actual Users of raw materials i.e. Carbon Steel, Re-rollable Scrap, which is comprehensive terminology and covers in its purview rails, structurals, plate cutting, billet cutting etc. The commodity in question, namely, Carbon Steel Re-rollable Scrap was a canalised item, which means that, those commodities can only be imported into India through the Canalising Agency. In this case the Canalising Agent is the respondent No. 2, Metal Scrap Trade Corporation Limited. Since the raw material is not normally available indigenously, the Central Government has been making policy from time to time so as to permit the Actual Users like the petitioners to import such raw materials through the Canalising Agent and use such raw materials for their manufacturing activities. For the purpose of assessment of the requirements of any manufacturer, the Central Government appoints Assessment Committee, known as Technical Committee to assess the requirement of such of the Units, including the petitioners whose capacity was assessed to the tune of 16,700 Metric Tonnes per annum.
(3.) It may be mentioned that for similar relief on identical facts the petitioners moved a writ application, one before the Delhi High Court being CWP No. 1974 of 1984, and the other before this Hon'ble Court in respect of their requirements for the years 1983-84 and 1986-87.;