9911796707
TMI Blog1988 (4) TMI 182X X X X Extracts X X X X X X X X Extracts X X X X ..... dents, namely the authorities in charge of imports and exports joined in this petition as respondents Nos. 2 to 4, are entitled to forfeit the amount under a bond executed by the petitioner on 22nd of February, 1973. The petitioner is a woollen textile mill and it made an application for importing a permanent finishing and setting machine with a C.I.F. value of Rs.1,65,870. The import licence was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a blend of 65% polyester and 35% wool. Messrs Miltons Limited exported the garments manufactured by the petitioner and exported the same earning, as is mentioned in the petition, foreign exchange to the tune of Rs. 9,45,756. These facts have been recorded by Miltons Limited in two certificates - one by their Chartered Accountant and the other by their Executive - which are at Exhibits D and E ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re that there is no affidavit-in-reply to this petition and also being aware that nobody appears on behalf of the respondent, Mr. Shroff naturally pointed out all the documents, including the documents which were apparently against the petitioner. 4. Mr. Shroff in the first place contended that it is enough if the petitioner is able to export the woollen fabrics as required under the terms of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the letter it has been stated that the petitioner should furnish usual declaration stating that the entire set of export furnished in fulfillment of export obligation against the bond has not been utilised in the past nor the same will be utilised in future for getting redeemed any bond or for getting no obligation endorsement on import documents . The petitioner was also required to satisfy tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Textile Commissioner wherein it has been stated that blended fabrics containing 35% wool falls under the category of woollen fabrics . If this is so, I do not see how the petitioner can be said to have not complied with its obligation under the bond. I am, therefore, satisfied that there is no warrant, on the facts of this case and in the light of the material which has come on record and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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