9911796707
TMI Blog2002 (7) TMI 747X X X X Extracts X X X X X X X X Extracts X X X X ..... ched to the said concession to the effect that the importer would be liable to export goods worth three times the value of the machinery within four years from the date of first clearance of the machinery. 2. A licence was obtained by the petitioner for import of some machinery, the details of which are given in Paragraph 3 of the affidavit filed in support of the petition. The value of the said machinery was DM. 5,12,126 whereas the export obligation attached to the said licence was US $ 906262 which was to be fulfilled within four years of the first date of clearance of the consignment which was on 2-12-1991. For the purpose of this, the company also had to furnish a bank guarantee to the Director General of Foreign Trade, Udyog Bhavan, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... advance, i.e. on 26-3-1995 to begin with and thereafter in proper proforma on 25-8-1995 yet the 2nd respondent remained under coma for the reasons best known to it without deciding the extension application one way or the other. In that view, the company filed this writ petition whereby it sought the quashing of the order dated 29-9-1995 by which the 2nd respondent had sought the invoking the bank guarantee. 5. The writ petition was entertained and the invocation of the bank guarantee was also stayed. It is now after seven years that the petition comes before me for decision. 6. Learned Senior Counsel, Mr. R. Thiagarajan, appearing for the petitioner says that even till today the said application for extension of time has not been deci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... action on the part of the 2nd respondent in deciding upon the petitioner s application for extension of time one way or the other. There is no explanation before me as to why the said application remains undecided or if it is already decided, what is the fate thereof. It is obvious that the said application has not been decided so far because no such intimation has been given to the petitioner. Therefore, it would be in the fitness of the things to direct the 2nd respondent to decide that application, after hearing the petitioner or its representative as the case may be, within two months from the date of receipt of this order. 10. However, before parting with the judgment, it must be said that there could not have been any stay of the in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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