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2021 (5) TMI 1082

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..... , as captured in the order dated 6th May 2021, is the COVID-19 pandemic, because of which the hospitality sector has been adversely hit. Accordingly, considering the fact that the COVID-19 pandemic has reduced tourism, as also the occupancy levels in hotels including that of the Petitioners, the present writ petition, insofar as it relates to prayers (c), (d) (e), may be considered as a representation, by the Director General of Foreign Trade ( DGFT ). The said prayers for extension of the EPCG authorizations may be considered by DGFT, after giving a hearing to the Petitioner and a decision in respect thereof would be taken in accordance with the law on or before 31st July, 2021. The decision taken, shall be communicated to the Petitioner a .....

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..... k guarantee could not have been done while the time for fulfilling the export obligations was still there. 4. Vide last order dated 6th May 2021, the following directions were issued after hearing parties: xxx xxx xxx 8. The matter needs to be heard on the question of whether the Petitioner has time till December, 2021 to fulfil its export obligation and whether the invocation of the Bank guarantee is justified. Since the ld. counsel for the Respondent wishes to seek instructions to assist this Court, it is directed that the Demand draft shall not be encashed by the department till the next date. 9. Accordingly, status quo in respect of the demand draft, which has been issued in favour of the Principal Commissioner of Customs, shall be main .....

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..... ade (hereinafter DGFT ). The said prayers for extension of the EPCG authorizations may be considered by DGFT, after giving a hearing to the Petitioner and a decision in respect thereof would be taken in accordance with the law on or before 31st July, 2021. 9. The decision taken, shall be communicated to the Petitioner and the Petitioner s remedies, if any, in respect of the said decision that may be taken, are left open to be availed of in accordance with law. 10. It is further directed that if in the interregnum, i.e., prior to the decision being taken by 31st July, 2021, any invocation of Bank Guarantee is resorted to, at least two weeks notice shall be given to the Petitioner to avail of its remedies, in accordance with law. It is made c .....

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