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2008 (1) TMI 812 - HC - Indian LawsExport Entitlement (Quota) policies - Revalidation of quotas - whether the challenge to the policy in so far as it relates to forfeiture, for non-fulfillment of the export obligation within the time stipulated, is sustainable? Whether the AEPC and Appellate Committees were justified in rejecting the petitioner’s claim of force-majeure, while dismissing the Appeals? Held that:- The petitioner, as is animated from the pleadings and the annexures, had several opportunities right from the issue of the show cause notice, the personal hearing before the AEPC, the first appeal before the First Appellate Committee as well as the second appeal before the Second Appellate Committee. In fact, even in this petition, there is not a mention of relevant particulars over the cancellation of the purchase order by the buyer. In the instant case, the eight export entitlements under each country categories as set out in Annexure-“C” show cause notices were the only ones which were revalidated and since no exports were effected under anyone of those entitlements, in other words, the percentage of utilisation being zero, it is not possible to accept the contention of the learned Senior counsel that the overall percentage of utilisation in respect of the exports effected in all other categories of the export entitlements must be taken into account for the purpose of forfeiture. laim of force-majeure is dependant upon facts of each case, based on documentary evidence to establish the existence of such conditions. The petitioner has not been able to show that in identical circumstances, the authority accepted the claim of force-majeure. If the decision to extend the benefit of the claim of force-majeure being dependant upon the facts and circumstances and material on record in a particular case, it goes without saying that any decision rendered in that case, would not, unless facts and circumstances are shown to be identical have application. W.P. dismissed.
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