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2006 (11) TMI 536

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..... y, Invoice, bill of lading, packing list, shipping bills, invoice (sic), packing list, ARE1, mate receipt, short shipment notice if any for exports related to goods imported and exported under the below mentioned Advance Licences, submitted by his firm, M/s. Metropolitan Industries, to the CPIO, under the provisions of the Right to Information Act, 2005 (hereinafter referred to as the Act). Sr. No. File No. Advance Licence No. Date DEEC Book No. Date 1. 3/85/040/00499/AM88 3219183 dt. 30-3-1988 01229 dt. 5-4-1988 2. 3/85/040/00445/AM89 2003579 dt. 13-4-1989 016876 dt. 13-4-1989 2. The case in brief is that the appellant in their application dtd. 28 .....

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..... with DGFT justifying that he has fulfilled the Export obligation. This was so as most of the records, which also contained the original documents in few cases, had got submerged in the water in the floods which hit Mumbai during last year (on 27-7-05). As the water had logged for longer period, most of the old records were beyond the state of recovery. On the basis of whatever records were recovered, the Appellant has now been able to give details of Shipping Bills, Import details against various licences, etc. However, based on such records, it may not be possible for DGFT to accept the claim of the Appellant of having fulfilled the export obligation until, the Appellant is in a position to submit the documents so collected from the offic .....

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..... served from any part that contains exempt information. (vii) That, Section 6(2) of the Act provides that an applicant making request for information shall not be required to give any reason for requesting the information or any other personal details except those that may be necessary for contacting. However, they had of their own quoted the reason for making the application under RTI, the reason being that they have received letter from DGFT and have to reply to the same and, hence, originally, they made the application under RTI for handing over the related documents. 4. During the course of personal hearing before me on 13-11-06, Shri Sujay Kantawala, Advocate, appeared on behalf of the appellant and reiterated the points already m .....

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..... d i.e. 1988-1989 and hence was not in a position to give the details sought for. 6. I find that the appellant has provided the information at the appellate stage about shipping bill nos./date, quantity exported and FOB value in respect of licence no. PK 2003579 dtd. 13-4-89 and bill of entry particulars, quantity of import effected and CIF value of import in respect of each bill of entry under the aforesaid advance licence. I also find that similar informations has been provided by the appellant in respect of licence no. PK 3219183 dtd. 30-3-88 along with the appeal. It is observed that the details regarding IGM/EGM/Name of Vessel have been provided and in certain cases where EGM details are not there, information about the airway bills h .....

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