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2009 (5) TMI 954 - HC - Customs

Issues involved: Petitioner filed Writ Petition for Mandamus, Certiorari, and compensation/damages for non-release of incentives.

Issue 1 - Replenishment Licences: Petitioner's claims for 12 applications were rejected due to failure to respond and furnish documents. No appeal was filed against the rejection. Lack of evidence supporting the petitioner's claim led the court to deny issuing any Writ or direction in favor of the petitioner.

Issue 2 - Claim Rejection: Claim at serial no.1 was rejected, and despite filing a first appeal and review application, no evidence of protest against non-adjudication was provided by the petitioner.

Issue 3 - First Appeal: The file of the First Appeal for application at serial no.9 was not traceable. The petitioner claimed to have filed a Second Appeal in 1994, but no correspondence or details were submitted.

Issue 4 - CCS Claims: CCS claims were rejected as per the Export Import Policy, citing time-barred applications. First Appeals for CCS claims were rejected, and no evidence of further action was presented by the petitioner.

Issue 5 - Additional CCS Claims: Second application was rejected with an appeal clause, but it's unclear if an appeal was filed. A Second Appeal for the first application was claimed to be filed in 1991, but no subsequent actions or evidence were provided. The court suggested approaching the Director General of Foreign Trade for redressal.

The Writ Petition was disposed of without costs, and the court advised the petitioner to pursue civil suits or other proceedings to establish claims for damages, emphasizing the need for proper evidence and documentation to support the claims.

 

 

 

 

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