2016 (12) TMI 1031

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..... he petitioner did not have the requisite certificates. However, the certificates have been issued by the Competent Authority - the certificates are in the possession of the petitioner. Therefore, the petitioner s case should be considered and the certificates should be examined and if they are found to be proper and valid, necessary relief as a consequence thereof should be granted - appeal allowe .....

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..... which, the petitioner was required to submit documents to show that they completed export obligation by producing export obligation discharge certificate, which has to be issued by the Joint Director General of Foreign Trade. 4. Admittedly, the petitioner could not produce the certificate within the time stipulated, which resulted in a show cause notice calling upon the petitioner to pay the d .....

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..... al and the stay application as withdrawn. After withdrawal of the appeal before the Tribunal, the petitioner approached the first respondent along with export obligation discharge certificate and requested for release of the bank guarantee. On such request being made, the first respondent passed the impugned order stating that the Order-in-Original is very much in force and that therefore, their r .....

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..... ue that on the date when the first respondent adjudicated the show cause notice, the petitioner did not have the requisite certificates. However, the certificates have been issued by the Competent Authority. But, at this stage of the matter, this Court is not inclined to examine as to what is the cause for the delay. Nevertheless, the certificates are in the possession of the petitioner. Therefore .....

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..... er is remitted back to the first respondent to take into consideration the export obligation discharge certificate produced by the petitioner, if the same is in order and proceed to order for release of bank guarantee. The above exercise shall be completed within a period of six weeks from the date, on which, the petitioner approaches the first respondent along with the original certificate. It is .....

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