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TMI Blog2014 (11) TMI 1260X X X X Extracts X X X X X X X X Extracts X X X X ..... vocates. For the Respondent : Mr Sanjiv Narula, CGSC with Mr M.P. Singh and Mr Ajay Kalra, Advocate for UOI. O R D E R 1. The petitioner has filed the present petition inter alia praying as under:- (a) issue a Writ of Certiorari or any other Writ, Direction or Order, calling for records of the case and after peruing (sic) the same, set aside the Award dt. 21.05.2008 and Appellate Award dat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Imports and Exports (Control) Act, 1947 read with Section 20(2) of the Foreign Trade (Development and Regulation) Act, 1992, not be taken against the petitioner for failure to fulfil its export obligations. Thereafter by an ex-parte order dated 28.09.1996, a penalty of Rs. 50 lakhs was imposed on the petitioner and further the petitioner was also debarred from availing any import licence as the Ad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ttedly, this is erroneous inasmuch as the petitioner had already caused a bank guarantee to be issued on 14.12.1996. 6. The petitioner further pleaded that this order of 13.10.1997 was also not communicated to the petitioner. The petitioner became aware of the said order during the course of subsequent proceedings and consequently filed the present writ petition. 7. During the course of the proc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... continue to be enforceable till the entire amount due and payable or under this guarantee or such other amount as be found by the Central Government in the said appeal to be due and payable by the appellant to the Central Government has been fully and duly recovered in full.? 8. Indisputably, the bank guarantee was furnished by the petitioner prior to the order dated 13.10.1997 passed by the Appe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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