9911796707
TMI Blog1986 (6) TMI 43X X X X Extracts X X X X X X X X Extracts X X X X ..... ers with Messrs Mathews (Singapore) Pvt. Ltd., for supply of 26 Metric Tonne of copper wire scrap valued at Rs. 4,73,747 The cargo was loaded from Singapore on 12-8-1982, and the vessel carrying the cargo arrived at Madras Port on 19-8-1982. The consignment was cleared on 19-10-1982. Out of 26 tonnes, 7.980 tonnes were removed from the Port itself and sent to the manufacturers, and the remaining 18.020 tonnes were warehoused with the Central Warehousing Corporation, Tondiarpet. The goods were pledged with the fourth respondent Bank for 80 per cent of their value. On 16-4-1983, petitioner exported 5 Metric Tonnes to Singapore, on 17-4-1983 another 5 Metric Tonnes to Singapore and another 5 Metric Tonnes were kept ready for export. On 22-2-19 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r of forfeiture) about the order of extension till 30-10-1983. It is an anomaly for in spite of it, on 27-6-1983, the third respondent issued a show cause notice for the cancellation of the licence and on 8-7-1983, the third respondent insisted on a revised bank guarantee. It is interesting to note that the second respondent by his Letter dated 1-7-1983, informed the petitioner that the petitioner is at liberty to clear the entire quantity from the Customs bonded warehouse under the D.E.E.C. duty free and manufacture the products and export the same by the said date. The petitioner, in turn by his letter dated 11-7-1983, apprised the third respondent of the same and on 1-8-1983, he wrote to the Central Warehousing Corporation about the clea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llowed. For the disposal of these two writ petitions, it is enough to examine the two circumstances relied on by the respondents for negativing the petitioner's entitlement under the advance licence Indeed these are the two grounds referred to in the impugned order dated 21-6-1984, which is sought to be quashed in Writ Petition 6569 of 1984 One is that the petitioner has failed to execute a fresh Bank guarantee equivalent to 100% of the Customs duty on the items imported as directed in the third respondent's office letter No. 18(524)82-83/ ECA/MAD. The second is that from the enquiries made, it has come to the notice of the respondents that the foreign buyer Messrs R.R. Trading Co [the correct name being R and R Trading Co.], Singapore, is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndeed, there is no such conclusion in the said letter. The only inference that is legitimately possible is that the company is not registered, nor it has any telephone or telecommunication reference. It cannot be ruled out that a Company can exist without registration and without telephone number. Besides, the typed set furnished by the petitioner reveals that there are several letters addressed by R and R Trading Co., to the petitioner. In the above circumstances, the respondents are not well founded in their conclusion that the said R and R Trading Co., is not in existence in Singapore. 4. The other circumstance relied on by the respondents is the petitioner failed to execute a Bank guarantee for 100% of the Customs duties on the items ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... revised bond to cover 100% of the Customs duty leviable immediately as the period of ten days is already over." The fact that a revised bond is insisted upon will indisputably establish that there was already a bond executed by the petitioner. As a matter of fact, that petitioner did execute a bond for 25% of the Customs duty on 5-10-1982. The fact that the respondents accepted the bond for 25% on 5-10-1982 will also indicate that the petitioner is not bound to execute a bond for 100% of the Customs duty. In other words, the respondents are not entited to call upon the petitioner to execute a bond for 100% of the Customs duty. Thus, the two circumstances relied on by the respondents to refuse the petitioner to enjoy the benefit under the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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