TMI Blog2015 (12) TMI 316X X X X Extracts X X X X X X X X Extracts X X X X ..... xport obligation within the stipulated time, his case for extension of the validity period of the licence or licences should be reasonably considered. In order to reasonably consider such extension, it is important whether the belated export which he proposes to make is genuine or not. If the belated export is genuine, the purpose of the policy of generating more export earnings, by granting duty remission incentives would be fulfilled. This has to be ascertained. Only the circumstances will bear this out. - petitioner is allowed to fulfil its export obligation against advance licences at serial nos.8 and 9 of page 50 of the writ petition on the basis of the expired licences, without prejudice to the rights and contentions of the parties. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for the each of the licences, on the petitioner and its Directors. The petitioner preferred an appeal from the said order which is pending before the Director General of Foreign Trade. However, there appears to be a change in the circumstances in or about November, 2014. It appears from the letter of the petitioner to the Joint Director of foreign Trade dated 28th November, 2014 that the overseas buyer had renewed its order to import the subject goods from the petitioner. Since, in the meantime, the validity of the licences had expired the petitioner could not export the goods and claim the benefit thereof. An order is prayed for for extension of these licenses to effect the aforesaid export. This is seriously resisted by Mr. Ro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the rights and contentions of the parties. The petitioner will be allowed to fulfil the export obligation but at the moment no benefit is to be received by the writ petitioner. The writ petitioner should be able to fulfil this export obligation by 31st March, 2015. The position will be reviewed by this court after that period. In the meantime, the appeal before the Director General of Foreign Trade is to remain stayed. The respondent authorities will not take any coercive steps against the writ petitioner till 23rd April, 2015 or until further orders, whichever is earlier. List this writ application as a Court Application on 6th April, 2015. Certified photocopy of this order, if applied for, be supplied to the parties subject ..... X X X X Extracts X X X X X X X X Extracts X X X X
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