9911796707
TMI Blog2003 (9) TMI 102X X X X Extracts X X X X X X X X Extracts X X X X ..... tion relates to the utilisation of the export obligation of the petitioner under the Garment Export Entitlement Policy. 2.In this particular case, the relevant year is 1999. The revalidation of export quota which was granted to the petitioner was under the condition that the petitioner would provide a Bank Guarantee to ensure that it met its export obligation by 31-12-1999. The admitted position ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... extile Commissioner that the petitioner had, in point of fact, submitted evidence in the form of a Meteorological Department Certificate dated 7-3-2001 indicating the fog and bad weather conditions prevailing during the period 20-12-1999 to 31-12-1999. This was not accepted as a valid reason constituting a Force Majeure condition by the First Appellate Committee. In Second Appeal, however, the sam ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .Mr. Kuljeet Rawal, appearing on behalf of the respondent No. 4, sought to justify the orders on the basis of the factual position and in particular the very contentions of the petitioner before the Second Appellate Committee which constituted the grounds of Appeal which are at pages 30-32 of the Paper Book. According to Mr. Kuljeet Rawal, one of the most important considerations was that the peti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch is not credible or germane to the issues is quite another. 6.In these circumstances, it would be appropriate that the impugned order is set aside and the matter is remanded to the Second Appellate committee for a fresh consideration after giving the petitioner another opportunity of hearing. However, the petitioner is directed to keep the Bank Guarantee alive till the matter is finally dispos ..... X X X X Extracts X X X X X X X X Extracts X X X X
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