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Judgment
S.P. Bharucha, J.—R.E.P. licences were issued to the Andhra Pradesh State Trading Corporation, Hyderabad, on 17th December 1981 and 12th May 1982. On 30th July,1982 this Corporation applied for an endorsement upon the licences for 4 items, which included Ethanolamine. This endorsement was made on 31st July 1982. The licences were transferred by the Corporation to Kalpana Trading Company and by that company to the petitioners on 12th August, 1982. The petitioners thereafter entered into a contractor import of Ethanolamine and the shipments thereof arrived at Bombay in October and November 1982. Bills of entry were filed but clearance was not permitted. On 13th December 1982, the petitioners received two notices under Clause 7 of the Import (Control) Order, 1956, asking the petitioners to show cause why Ethanolamine should not be deleted from the said licences because this "item was endorsed purely through inadvertence". The petitioners replied to the notices and there was correspondence thereafter. Clearance not having been given, this petition was filed.
The importation of the Ethanolamine by the petitioners was complete by the time they received the notices on 13th December, 1982. The case of the petitioners is, therefore, squarely covered by the judgment delivered by me on 6th June, 1989, in OOCJ Writ Petition No. 2767 of 1982, K. Uttamlal (Exports) Pvt. Ltd. v. Union of India, following the judgment of the Supreme Court in East India Commercial Co. Ltd.,Calcutta and Another Vs. The Collector of Customs, Calcutta, .
Clearance of the consignment has already been effected pursuant to an interim order. Accordingly, the petition must be made absolute in terms of prayer (b). The Trustees of the Port of Bombay not having been impleaded, the respondents cannot be directed to issue a detention certificate. The petitioners are free to take appropriate steps in that behalf.
Petition absolute in terms of prayer (b).
The I.T.C. bond given by the petitioners pursuant to the interim order shall stand cancelled.
No order as to costs.