9911796707
TMI Blog1996 (7) TMI 160X X X X Extracts X X X X X X X X Extracts X X X X ..... ther in fact such an exercise of discretion can be termed to be in accordance with law. At this juncture, however, adverting to the contextual facts, it appears that 50 Kgs. of gold was imported by MMTC and subsequently was made over to the appellant-petitioner herein. Obviously MMTC was otherwise satisfied as to the credibility of the appellant as otherwise MMTC, a Government organisation being an authority within the meaning of Article 12 would not have asked for a bank guarantee covering the value of 30 Kgs. of gold only and for the balance 20 Kgs. of gold no security of any nature was asked for and 20 Kgs. of gold was made over to the Appellant. 3.Let us now however once again deal with the factual aspect as regards the satisfaction o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e departmental proceedings were directed to be continued in accordance with law and with such expedition as the circumstance will permit. 5.It is this order, which is under challenge before this Court contending however that the order is unjustified and harsh since the petitioner in terms of the order of the Court manufactured the jewelleries as are required to be manufactured for its export commitment. Mr. Mallick appearing in support of the appeal and the stay application contended that since the jewelleries stand manufactured in terms of the order of the Appellate Court and since a substantial amount of foreign exchange would otherwise be lost to be country, the learned Trial Judge ought to have granted permission and/or sanction to ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arrant intervention of the Appellate Court and we record our concurrence with the observation of the learned Trial Judge that the Courts ought not to transpose itself to the position of an exporter or export jewellery for and on behalf of the parties. 6.In that view of the matter we do not find any reason to interfere with the order of the learned Trial Judge. The application, therefore, fails and the same is dismissed. No order as to costs. 7.Since by reason of the order as above no useful purpose would be subserved in keeping the appeal pending, the appeal also stands dismissed upon treating the same as on the day's list. 8.It is recorded that the respondents have not used any affidavit but they do not admit the allegations in the p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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