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2016 (9) TMI 1383 - SC ORDERPenalty - non-performance/non-compliance of Past Performance Entitlement - the decision in the case of Eveline International Versus Union of India [2014 (9) TMI 1134 - DELHI HIGH COURT] contested, where it was held that to enable the appellant to succeed on the said plea, it was incumbent upon the appellant to establish that the shortfall was only in quota items of US 338 and not in other quota of different countries code but which the appellant had failed to do and thus the said plea could not be believed - Held that: - the decision in the above case upheld - SLP dismissed.
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