2007 (1) TMI 248

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..... not be availed in view of para 70 of EXIM Policy. Non filing of application for condonation of delay beyond the control of respondent. Impugned order of single judge directing consideration of drawback applicable on merits, sustainable. - 752 of 2006 - - - Dated:- 2-1-2007 - V. Gopala Gowda and H. Billappa, JJ. Shri Aravind Kumar, Sr. CGSC, for the Appellant. Shri Rajesh Chandra Ku .....

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..... tioned in this appeal. 2. The ground of attack is that the learned Single Judge erred in directing to consider the application for condonation of delay on merits and the same is contrary to the decision of the Supreme Court reported in AIR 1996 SC 11 wherein it is held that the judicial review power under Articles 226 and 227 of the Constitution of India is a decision making process and not to d .....

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..... earned Single Judge does not warrant interference. 4. With reference to the rival legal contentions, we have examined the order of the learned single Judge. In our view, having regard to the right given under the Rules, non-filing of application for condonation of delay is not fatal as the representation submitted was sufficient. In view of para 70 of the Policy, parallel remedy could not have b .....

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