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2008 (8) TMI 792 - HC - Indian LawsWhether the challenge to the policy in so far as it relates to forfeiture, for non-fullfilment 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 consent of the petitioner to be subjected to the terms of the policy, relating to forfeiture in the event of failure to fulfill the export entitlement, in the circumstances cannot be permitted to approbate and reprobate nor assume inconsistent positions. So also having been unsuccessful in the appeals before the First and Second Appellate Committees, are disentitled from questioning the validity of the forfeiture clause in the ‘Policy’. The consent of the petitioner to be subjected to the terms of the policy, relating to forfeiture in the event of failure to fulfill the export entitlement, in the circumstances cannot be permitted to approbate and reprobate nor assume inconsistent positions. So also having been unsuccessful in the appeals before the First and Second Appellate Committees, are disentitled from questioning the validity of the forfeiture clause in the ‘Policy’. W.P. dismissed.
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