Holding

Clause (4) of paragraph 185 creates a beneficial, special right for export houses with imprest licences that is not subject to the time‑limit in clause (7), and the delay issue must be separately examined by the High Court.

Summary

The Union of India appealed against two Bombay High Court judgments that had ordered the revalidation and endorsement of imprest licences held by Suksha International and Nutan Gems, recognised export houses for importing uncut diamonds. The respondents claimed that after fulfilling their export obligations they were entitled, under paragraph 185(4) of the 1983 Import‑Export Policy, to have their licences revalidated for import of OGL items. The Union contended that clause (7) of the same paragraph imposed a strict time‑limit on such imports, which the High Court ignored, and that the respondents’ one‑and‑a‑half‑year delay in filing the writ petitions barred relief. The Supreme Court held that clause (4) provides a beneficial, special provision for imprest licences and should not be constrained by the time‑limit in clause (7); thus the High Court’s interpretation was correct. However, the Court found that the delay issue required specific consideration and remitted the appeals to the High Court for fresh disposal, setting aside the appellate judgments.

Issues considered

Whether clause (7) of paragraph 185 of the Import‑Export Policy 1983 conditions the entitlement under clause (4) for revalidation and endorsement of imprest licences.
Whether the one‑and‑a‑half‑year delay in filing the writ petitions bars the respondents from obtaining relief.
Whether the scope of permissible OGL items for import is limited by earlier Supreme Court decisions.

Legislation cited

Imports and Exports (Control) Act, 1947s. 3

Subjects

Import‑Export PolicyImprest licenceRevalidationEndorsementOGL itemsStatutory interpretationDelay in filingWrit petitionBeneficial provision

Judgment

•\

A
UNION OF INDIA & ORS.
v.
SUKSHA INTERNATIONAL AND NUTAN GEMS & ANR.

JANUARY 2, 1989

[R.S. PATHAK CJ AND M.N. VENKATACHALIAH, J.]

Imports and Exports (Control) Act 1947 Section 3.

Import Export Policy 1983. Paragraph 185(4) and (7)-lnter-
pretction of-Export Houses-Having imprest Licences-To import C
goods from abroad with corresponding obligation attached to export
goods-Fulfilling conditions and applying for revalidation and endorse-
ment of licence-Held clauses (4) and (7) form an integrated policy
scheme and to be read together.
D
Constitution of India. Article 226--Writ petition-Plea of
unexplained delay in filing of writ petition raised-Held-High Court
should specifically deal with such plea.

Statutory Interpretation. Beneficial provision of statute-Not to
be interpreted so as to unduly restrict the beneficial scope of the policy E
• of the law .

The respondents in the appeals were recognised Export Houses
which had been granted Imprest licences for the import of 'uncut' and
'unset' diamonds with certain export obligations attached to them. F
After the due discharge of the export obligations, the respondents
became entitled to revalidation and endorsement of the said Imprest-
licence for import ofOGL items.

The said Export Houses applied under paragraph 185(4) of AM-
83 policy for revalidation and endorsement of the· Imprest Licences. G
The appellant No. 3, the Chief Controller of Imports and Exports,
rejected this claim of the respondents.

Being aggrieved by the aforesaid order of rejection, respondents
filed writ petitions in the High Court assailing the legality of the orders H

1
2 SUPREME COURT REPORTS [1989] 1 S.C.R.

A rejecting their claims, and seeking a mandamus to the appellants to ,,>or·
endorse the Imprest Licences.

Single Judge of the High Court allowed the writ petitions, and
the order was affirmed in appeal by the Division Bench.

B In the appeals by the Union of India to this Court, it was con-
/:--
tended on behalf of the appellants that: (a) in the Import-Export Policy
1982-83, the entitlement of Registered Export Houses to the facility of
revalidation and endorsement of OGL items under paragraph 184 is
subject to and conditioned upon the express limitations contained in '
·t-~
clause (7) of paragraph 185 of the Policy, and that the High Court was
in error in directing revalidation and endorsement without reference to
c the mandatory prescription provided in the said clause, and (b) that the
High Court was in error in ignoring the contentions of the appellants ,_.y
that the respondents had rendered themselves disentitled to relief on the
ground of the inordinate and unexplained delay of one and a half years
in the tiling of the writ petitions.
D
Disposing of the Appeals, the Court,

HELD: l(a) Para 185(4) was intended to provide certain incen-
lives to the Export Houses which, upon grant of Imprest-Licences, fulfil A.
their countervailing obligations in the matter of export commitments.
E The provision is a beneficial one. [SH; 9A]
•
l(b) Clauses (4) and (7), no doubt, on their plain wording present ~

certain constructional difficulties, and it is possible to take the view •
that the said clauses are part of an integrated policy scheme, providing
for certain incentives to export houses and have to be read together. \
. :\-·
F This view, however, will unduly restrict the scope of the beneficial
provision. [9A, C]

l(c) That the conditions in para 185(4) of the Policy would not be
attracted to the case of Export Houses which are granted' Imprest
Licences, would be a harmonious construction of clauses (4) and (7)
G which appears to. advance and promote the objects of the policy in
Paragraph 185(4) and is, at all events, not an unreasonable view to take
of the matter. [9B]

l(d) An interpretation which would unduly restrict the beneficial
scope of the policy in para 185(4), would take away with one hand what
h the policy of the law gives with the other. I9C I
U.0.l. v. SUKSHA INIBRNATIONAL [VENKATACHALIAH, J.) 3

)

'f-·. 2(a) If appellants had raised a specific plea of delay as a bar to the A
grant of relief-nd the delays in the present cases, having regard to the
nature of the subject-matter, were not inconsiderable-it was perhaps
necessary for the High Court to have specifically dealt with the plea.·
The aspect of delay adverted to by the Single Judge was a different one

- viz. the delay in seeking revalidatmn and endorsement after the issue of
the redemption certificate and not the delay in the filing of the writ
petitions. [UD]

2(b) It would therefore be appropriate that the appeUants'
appeals before .tbe High Court are remitted to the Appellate Bench of
B

the High Court. If the Appellate Bench is persuaded to view that the
delay is satisfactorily explained it may proceed to confirm the orders of
the Single Judge subject to the question tbat the permissibility of the
c
importable items be determined in the light of the pronouncements of
this Court in Rajprakash Chemicals Ltd. v. Union of India, AIR 1986
SC 1621 and D. Navinchandra & Co. v. Union of India, AIR 1987 SC
1794. If .the delay is held by the Appellate Bench to be such as to
disentitle the respondents to relief, it will proceed to allow the appeals D
and dismiss the writ petitions. [11 F-Hl

CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 8 &
~- 9of1989.

From the Judgment and Order dated 17 .2.1987 of the Bombay E
High Court in Appeal No. 179 and 149of1987 .
•
T.U. Mehta, A. Subba Rao, P. Parmeshwaran, Harish N. Salve,
N.D. Garg, Rajiv K. Garg, P.H. Parekh, Ms. Ayesha Misra and M.N.
Shroff for the appearing parties.
F
The Judgment of the Court was delivered by

VENKATACHALIAH. J. By these two special leave petitions
under Article 136 of the Constitution, the Union of India and the Chief
and the Joint Chief Controllers of Imports and Exports seek special
leave to appeal from two appellate Judgments of the Division Bench of G
the High Court of Judicature at Bombay-Both dated 17.2.1987 in
appeal Nos. 179 of 1987 and 149 of 1987 affirming in appeal orders of
learned Single Judges dated 5.9.1985 in W.P. 1125 of 1985 and dated
19.9.1985 in W.P. 1918 of 1986, respectively, by which the writ petitions
filed by M/s. Suksha International and M/s. Nutan Gems, respondents
in these appeals, were allowed and appellants directed to revalidate H
4 SUPREME COURT REPORTS [1989] 1 S.C.R.

A the imprest licences of the respondents and endorse them for import of )~
OGL items, under paragraph 185[4] of the Import-Export Policy of
1982-83 [AM 1983. I

2. Special leave, in both the petitions, is granted and the appeals
taken-up for final hearing, heard and disposed of by this common
B judgment. We have heard Shri Subbarao, learned counsel for the
appellants and Shri Harish Salve, learned counsel for the respondents
who were the writ petitioners before the High Court.

3. M/s. Suksha International, respondent in SLP 2579 of 1987, is
a diamond exporter and is a registered Export House for the purposes
of the Import Export Policy. The said export house was granted an
c Imprest Licence No. 0451365 dated 15.6.1981 of a value of
(Rs.1,53,80,000 for import of 'uncut' and 'unset' diamonds with cor-
responding export obligations.

Respondent claimed that upon the due fulfilment by it of its
D export-obligations it became entitled to revalidation and endorsement
for export of OCM items of the imprest, Accordingly, on 3.8.1983 the
said Export-House applied under paragraph 185(4) of AM/83 policy,
for such revalidation and endorsement of its imprest licence. Appellant
No. 3 by his decision dated 21.9.1983, rejected this claim of the
respondent. Aggrieved by this rejection, respondent filed in the High
E Court under Article 226 of the Constitution a writ-petition assailing·
the legality of the order dated 21.9.1983 and seeking a mandamus to
the appellants to endorse the Imprest-Licence. Learned Single Judge
of the High Court by his order dated 5.9.1986 allowed the writ petition
and issued the direction preyed for. This order was carried up in
appeal before the Division Bench of the High Court in appeal No. 179
F of 1987. The appeal came to be dismissed on 17.2.1987.

4. M/s. Nutan Gems, respondent in SLP 2580 of 1987 is a recog-
nised Export-House which had, similarly, been granted an Imprest
Licence dated 24.2.1983 for the import of uncut and unset diamonds
with certain export obligations attached to it and that after the due
G discharge of the export obligations, Respondent became entitled to a
revalidation and endorsement of the Imprest-Licence for import of
DG L items. The application dated 19 .1.1984 made in this behalf by the
respondent was rejected by appellant No. 6 by his order dated
19.3.1984. M/s. Nutan Gems filed writ petition No. 1813 of 1985 in the
High Court for issue of an appropriate writ quashing the said order of
H rejection and directing appellants to revalidate and endorse the
U.0.I. v. SUKSHA IN1ERNATIONAL IVENKATACHALIAH. J.I 5

I
'f··. Imprest Licence. On 19.9.1985. Learned Single Judge allowed the writ A
petition. This Order was affirmed in appeal No. 149 of 1985 by the
Division Bench on 17 .2 .1987.

5. These appellate-judgments of the-Higb Court are assailed in
these appeals. Though a number of contentions are raised in the
Memorandum of Special Leave Petition, the points, however, pressed B
at the hearing admit of being formulated thus:

(a) that in the Import-Export Policy, 1982-83 the entitle-
ment of Registered Export Houses to the facility of revali-
dation and endorsement of OGL items under paragraph
185(4) is subject to and conditioned upon the express limi- C
talion in clause (7) of paragraph 185 of the Policy and that
the High Court was in error in directing revalidation and
endorsement without reference to the mandatory prescrip-
tion in clause (7).

(b) that the High Court was in error in ignoring the D
contention of the appellants that respondents had rendered
themselves disentitled to relief on ground of the inordinate
and unexplained delay in filing the writ-petitions.

In W.P. 1125 of 1985 (from which SLP 2579 of 1987
arises) the rejection of the prayer for revalidation was on E
21.9.1983 and the writ petition was filed in April, 1985; and
in WP 1813 of 1985 (from which SLP 2580 of 1987 arises)
the rejection of the prayer was on 18.3.1984 and the writ
petition was filed on 10.9.1986, after a lapse of one and a
half years in each case.

(c) that, at all events, the directions issued for the
endorsement must be limited only to items as limited by the
pronoucement of this Court in Rajp~akash Chemicals Ltd.
v. Union of India, AIR 1986 SC 1021 and D. Navinchandra
& Co. v. Union of India, AIR 1987SC 1794andothercases
bearing on the question; and not in terms now directed by G
the High Court.

6. We may first dispose of contention (c) on which there does
not appear to be much controversy. Shri Subba Rao submitted that the
High Court was in clear error in brushing aside this argument and
affirming the learned Single Judge on the basis that the S.L.P. filed by H
6 SUPREME COURT REPORTS 11989] 1 S.C.R.

A the appellants in Ripa/ Kumar & Co. 's case had been rejected by this );
Court. Shri Harish Salve, however, submitted that the decisions of this
Court in Indo-Afgan Chamber of Commerce v. Union of India, AIR
1986 SC 1567; Rajprakash Chemicals Ltd. v. Union of India, AIR 1986
SC 1021; Union of India v. Godrej Soaps (Pvt.) Ltd., AIR 1987 SC 175
and D. Navinchandra & Co. v. Union of India, AIR 1987 SC
B 1794. etc do not have any direct bearing on the question of the entitle- )t
ment of the Export Houses to revalidation and endorsement for OCL
items under para 185(4) of A-M 1983 Policy but relate to the question
as to the limitations on the permissibility of the items of import, conse-
quent upon the changes in the policy. This question becomes relevant, ·~
says Shri Salve, at a stage which is subsequent to the revalidation and ~
C endorsement of the Imprest-Licence and that the position in the pre-
sent cases has not yet reached that stage. However, he submitted that
as to the choice of items permissible for import, the matter would of .,_,.
course, have to be determined the guided by these pronouncements.
As Contention (c) is not in controversy it is not necessary to dwell on it
any further. What, however, remain to be considered are the conten-
D tions(a)and(b).

7. Re: Contention (a):

Clauses (3), (4), (5) and (7) of para 185 of the policy provide: .-4-
E (3) Where REP licence has been issued to the Export
House on its own exports, the facility of importing OGL
items under sub-para(l) above will be allowed without
debit to the value of such REP licence, provided the value
of such imports does not exceed the value of the REP
licence.
F
(4) The facility for import of OGL items available in
sub-para (3) above, may also be allowed, on merits, to
Export Houses against their advance/imprest licences on
account of which they are rendered ineligible to obtain
REP licence. In such cases, however, the value upto which
G the OGL import may be allowed, will not exceed the value
to which the Export House would have been eligible to the
. -~
REP licence, had he not obtained advance/imprest licence
in question. This facility will be available to the Export
House after he has discharged the export obligation
imposed on the advance/imprest licence. Therefore, if by
H the time, the Export House becomes eligible to this facility,
U.0.1. v. SUKSHA INTERNATIONAL [VENKATACHALIAH, J.[ 7

l. the advance/imprest licence has expired, or, if the original
A
validity left unused by that time is less than six months, the
licensing authority will revalidate the licence simul-
taneously so as to give to the licence-holder a time of six
months for the purpose of importing OGL item under this
facility.
B
(5) Export Houses who wish to take advantage of
this facility of import of OGL items should get the licences
concerned endorsed by the licensing authority as under:

"This licence will also be valid for import of OGL
items under para 125 of Import-Export Policy, 1982-83, C
subject to the conditions laid down, and shall be non-
transferable."

(7) Import of OGL items by Export Houses under
these provisions shall be subject to the condition, inter alia
that the shipment of goods shall take place within the vali- D
dity of the OGL i.e. 31st March, 1983. or within the .
validity period of the import licence itself (without any
grace period), whichever date is earlier. This restriction
will also apply to licences issued before 1.4.1982 in respect
of items which continue to be on OGL in 1982-83 policy.
(The restriction regarding grace period will not, however, E
apply in cases where shipment can be made within the
permissible grace period on or before 31.3.1981).

,. Appellants' contention is that clauses (4) and (7) of para 135 are part

J of an integrated policy-scheme, providing for certain incentives to
export-houses and have to be read together and that the import of F
OGL items is strictly subject to the specific condition that the ship-
ment of goods shall take place within the validity of the OGL i.e.
31.3.1983 or within the validity period of the licence itself which .ever
date is earlier. If this condition is held to be attracted to the case of an
Imprest-Licence also, then, quite obviously, the claim in the writ peti-
tions would have to fail, as the application for revalidation is beyond G
the outer-most time limit set for the import itself. Indeed, this question
was left open by this Court while dismissing SLP 7389 of 1985 (Union
of India v. Messrs H. Patel & Co.). In its order dated 19.7.1985 this
Court said:

" ....... We, however, make it very clear that we express H
8 SUPREME COURT REPORTS 11989] 1 S.C.R.

no opinion on the validity of the above said contention
A
based on paragraph 185(7) referred to above. The true
effect of the said provision is left open to be considered in
an appropriate case when an occasion arises to do so.'"

8. Sri Salve, submitted that in the very nature of the procedures
B and exercises inherent in the effectuation of an imprest-licence, as disti-
~
nguished from Replenishment Licence, the Export-House has first to
import the uncut and unset diamonds and thereafter fulfill its export-
obligations of cut and polished diamonds as a necessary antecedent for
the effectuation of its entitlement to a revalidation and endorsement
for OGL items. The very nature of the time consuming transactions
c that are required to be gone through preceding the very creation of the
right to revalidation and endorsement are inconsistent with the feasi-
bility of compliance with the time-schedule in para 185(7). Learned
<l
Counsel says that the view that should commend itself, both on con-
struction and in equity, is that having regard to the innate differences
in the nature of the obligations and conditions to be fulfilled between
D the holders of imprest-licences on the one hand and the replenish-
ment-licences on the other and having regard, further, to the circum-
stances that export-houses, which, under Imprest Licences, have first to
import uncut and unset diamonds and thereafter fulfill their export
obligations before becoming entitled to the import of OGL items, it .J
would be a wholly unreasonable exercise in construction to import the
E condition in clause (7) into clause (4) and that clause (4) should,
therefore, be treated on its true construction, as a special provision
constituting an exception to the generality of the provision in clause
(7). Otherwise, says counsel, the resulting position would be that the
satisfaction of the cumulative conditions in clauses (4) and (7) by
an Export-House under an Imprest Licence would well nigh be
\.
i
F impossible.

This way of horrnonising clauses (4) and (7) of para 185, it is
submitted, has commended itself to the High Court in several other
writ-petitions involving the interpretation of clauses (4) and (7)
of paragraph 185 of the AM 1983 policy. Sri Salve submits that it
G is reasonable to exclude imprest licences from the requirement of
clause (7). _l

9. We have considered the rival contentions on the point. Para
185(4) was intended to provide certain incentives to the Export
Houses which, upon grant of Imprest-Licences, fulfill their counter-
H vailing obligations in the matter of export commitments. The provision
U.0.1. v. SUKSHA INTERNATIONAL [VENKATACHALIAH. J.] 9

is a beneficial one. Clauses (4) and (7), no doubt, on their plain word- A
ing present certain constructional difficulties and the view sought to be
put across by Shri Subba Rao for the appellant, on the plain language
of clause (7), is not without possibilites. However, the basis of a
·harmonious construction which commended itself to the High Court in
other similar cases appears to us to advance and promote the objects of
the policy in paragraph 185(4) and is, at all events, not an unreason- B
able view to take of the matter. In some of these cases this Court has
declined to interfere with this interpretation by rejecting petitions for
special leave. Acceptance of the interpretation suggested by Shri
Subba Rao would, in our opinion, unduly restrict the scope of the
beneficial provision and, in many instances which would otherwise fall
within the beneficial scope of the policy in para 185(4), take away with
one hand what the policy gives with the other. We think we should
c
accept the submissions of Shri Harish Salve which is consistent with
the view taken of the matter by the High Court in other cases and hold
that the conditions in para 185(4) of the policy would not be attracted
to the case of Export Houses which are g~anted Imprest Licences.
D
Accordingly we hcild and answer contention (a) against the
appellants.

(10) Re: Contention (b):

This pertains to appellants' plea of delay as a bar to relief. E
Appellants have aired a serious grievance over this aspect. Shri Subba
Rao streneously contended that the respondents had approached the
High Court after an inordinate and unexplained delay of over one and
a half years in each of these cases and that appellants' objection as to
the disentitlement of the respondents to relief on the ground of delay
was not even so much as adverted to by the learned Single Judge or the F
Division Bench. Learned counsel submitted that promptitude and vigi-
lent pursuit of legal remedies with diligence is basic to the entitlement
to relief in the jurisdiction under Article 226, which is both extra-
ordinary and discretionary and that in the present cases the delay of
one and a half years in moving the Court should have been held crucial
particularly where grant of import licence is cancelled. G

The pleadings in the writ petitions are not before us. We will
proceed on the assumption that appellants had taken this objection
before the learned Single Judge of the High Court and raised the plea
as to the bar of delay in their appeals before the Division Bench of the
High Court. If this point had been taken, we are afraid the High Court H
10 SUPREME COURT REPORTS [1989] 1 S.C.R.

A was not justified in ignoring it or brushing it aside. Indeed the learned
Single Judge of the High Court allowed the writ petitions in both these
cases by short orders in similar terms, relying upon an earlier decision
dated 19/20th August, 1985, in writ petition No. 2477 of 1984. The
relevant part of the order reads:

B "Relevant facts and circumstances of this petition are
similar to the relevant facts and circumstances in Writ Peti-
tion No. 2477 of 1984 decided by this Court on 19/20th
August, 1985. Besides, as in the. said Writ Petition
No. 2477 of 1984, in the present case also there is no such
delay as to preclude the petitioners from the relief claimed.
In all the circumstances and for reasons stated in Writ Peti-
c tion No. 2477 of 1984 the following order is passed on this
Writ Petition.

2. The petition succeeds and the same is allowed."

D Thereafter, the learned judge proceeded to issue specific directions.

11. Shri Subba Rao would say that the reference in the order by
learned Single Judge to the contention on the point of delay as bar to
relief had nothing to do with the specific contention of the appellants'
that there was inordinate and unexplained delay in approaching the
E Court. This, learned counsel submits, would be clear, by a reference to
the aspect of the delay dealt with and considered in WP 2477 of 1984, ,.
on which the learned Single Judge relied. The order of the same
learned Single Judge in WP 2477 of 1984, in which the particular aspect
of delay is considered is at para 8 of that order. That para in the order
in WP 2477 of 1984 reads:
F
"Mr. Joshi, learned counsel for the respondents,
submitted that the petitioners were not entitled to relief
because of delay. It is not possible to agree. After the
redemption certificate on 16th November, 1983, applica-
tion for revalidation and OGL endorsement was made
G within four months therefrom on 12th March, 1984. There
is, in the circumstances, no such delay as to warrant its .-"
ejection on that ground. The contention thus fails and is
rejected."

Shri Subba Rao submits that the delay referred to in the above
H paragraph is the delay in seeking revalidation and endorsement after
U.Q.J. v. SUKSHA INIERNATIONAL !VENKATACHALIAH, J.I 11

-.f.. the issue of redemption certificate and not the delay in filing the writ A
petition and that in both the present cases the plea of delay in filing the
writ petitions has not received due consideration by the High Court.
Shri Subba Rao referred to a number of pronouncements of this
Court, to substantiate that such unexplained delay particularly in
matters dealing with import licences would bar relief and that un-
explained delay, by itself and without more, is a factor disentitling a B
person to relief. He submitted that absence of prejudice to the
opposite party, by itself, would not justify delay and that in the context
\ ' of grant of import licences passage of time brings with it, as here,
;~, problems of conflicting policy considerations. Where change of policy
would impart crucial significance to the delays, Courts, learned
counsel says, should insist upon even a higher degree of promptitude.
He, accordingly, submitted that the writ petitions should be dismissed
c
it
I
on the ground alone of delay in filing them.

This contention of the appellant cannot be brushed aside. If
appellants had raised a specific plea of delay as a bar to the grant of
relief-and the delays in the present cases,.having regard to the nature D
of the subject-matter, wer~ not inconsic:Icrable-it was perhaps neces-
sary for the High Court to have specifically dealt with the plea. The
aspect of delay adverted to by the learned Single Judge in the course of
the order was a different one.

However, we think it would be somewhat unfair for the respon- E
dents, who have succeeded in the High Court, to decide this question
without an opportunity to them to satisfy the Court as to the reasons, if
any, for the delay and as to the sufficiency of such reasons. We assume
that the plea had been taken before the High Court by the appellants
as this submission of the learned counsel for the appellant was not
controverted. We think it would be appropriate that the appellants' F
appeals before the High Court are remitted to the High Court for such
consideration as the Appellate Bench may now bestow on this conten-
tion of the appellants. If the appellate bench is persuaded to view that
the delay is satisfactorily explained it may proceed to confirm the
orders of the learned Single Judge, subject, of course, to the question
of permissibility of the importable items to be determined in the light G
I·~ of the pronouncements of this Court referred to at contention (c). If,
I on the contrary, the delay is held by the Division Bench to be such as
to disentitle respondents to relief, the Division Bench may proceed to
allow the appeals d d" . h
versies in the a anh ismiss t e writ-petitions. All other contro-
ppea1 s all be held to h b .
the respondents. ave een concluded m favour of
H
12 SUPREME COURT REPORTS (1989] 1 S.C.R.

A Accordingly, the appellate-judgments of the High Court under
appeal are set aside and the appeals 149 of 1987 and 179 of 1987 before
the High Court are remitted for a fresh disposal as indicated above.
The High Court might also consider the desirability of a very early
disposal of the appeals. These appeals are disposed of accordingly.
B There will, however, be no order as to costs in these appeals.

N.V.K. Appeals disposed of.

-1