9911796707
TMI Blog2006 (8) TMI 106X X X X Extracts X X X X X X X X Extracts X X X X ..... t is effected within the period of validity of LC - 859 of 2006 - - - Dated:- 2-8-2006 - Indira Banerjee, J. [Judgment per] - This writ application is directed against the action of the respondents in not allowing the petitioner to complete export of 15000 metric tonnes of sugar to Bangladesh. 2. The facts giving rise to the writ application are briefly as follows : 3. The petiti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Invoices with the Customs Authorities at Petrapole Land Customs Station for appraisement and shipment. All the bills of export were duly endorsed inter alia for inspection. 7. On 19th May, 2006 the respondents refused export of the consignments of sugar on the ground of want of release order of the Directorate of Sugar under the Sugar Control Order. The goods were allegedly stopped pursuant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e. 06)/04-09 dated New Delhi the 4th July, 2006 published in the Gazette of India. 12. By the aforesaid notification the Foreign Trade Policy 2004-09 has been amended Inter alia by including sugar in the list of items of which export is prohibited. 13. The amendment of the Foreign Trade Policy by the said notification dated 4th July, 2006 cannot apply to the consignments of the petitio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... licy, 2006 would not be applicable for export of sugar against irrevocable Letters of Credit opened on or after 22-6-2006 as the decision of the Government to prohibit the export of sugar was announced and widely published by: the aforesaid date. 15 The notification, referred to above, cannot and does not have retrospective operation and cannot in any case apply to consignments covered by 'a L ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , 2006, referred to above, provided shipment is effected within the period of validity of the letter of credit or if the purchase extends the period of validity of the letter of credit, within the extended period of validity of the Letter of credit. 19. Prayer for stay of operation of this order is considered and refused. 20. All parties concerned are to act on a signed copy of the operati ..... X X X X Extracts X X X X X X X X Extracts X X X X
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