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2014 (11) TMI 1260 - HC - CustomsNon-fulfilment of export obligation - failure to furnish the bank guarantee - Section 4I of the Imports and Exports (Control) Act, 1947 read with Section 20(2) of the Foreign Trade (Development and Regulation) Act, 1992 - HELD THAT:- Indisputably, the bank guarantee was furnished by the petitioner prior to the order dated 13.10.1997 passed by the Appellate Authority and as such the said order is erroneous. The learned counsel for the respondent argued that the petition is barred by delay and latches as the petitioner has approached this Court after over 15 years. However, in the peculiar facts and circumstances of this case, where there is no evidence that the order dated 13.10.1997 was served on the petitioner and it is clear - by the fact that the bank guarantee had been kept alive by the petitioner - that the petitioner continued in its belief that its appeal was pending, the delay is liable to be condoned. It is deemed appropriate that the order dated 13.10.1997 of the Appellate Authority be set aside and the matter be remanded to the Appellate Authority to decide it afresh in accordance with law - petition disposed off.
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