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2003 (9) TMI 79 - SC - CustomsWhether under the terms of the agreement the defendant was obliged to seek second revalidation of the licences? Was the defendant liable to refund to the plaintiff proportionate amount of margin money received by it from the respondent? Held that:- It is not the case of the plaintiff that in the first instance itself, it had desired that revalidation of licence for a period longer than six months be sought. Moreover, for making out such a case the plaintiff would have had to disclose special reasons because a case for hardship has to be made out for request for revalidation for a longer period and the plaintiff never spelled out any hardship either in the correspondence or even in the plaint. Thus, we hold that defendant-appellant was not obliged to apply for second revalidation of the licence and its failure to do so does not amount to breach of agreement on its part. A reading of the entire agreement suggests that everything was left to the plaintiff and everything was to the account of plaintiff. How the licence was to be utilised was totally left to the plaintiff. When this was totally in the hands of the plaintiff how could the plaintiff ask the defendant to pay for failure on the part of the plaintiff? If the plaintiff failed to utilise the licence to its full extent the plaintiff has to blame itself for this. Therefore, in our view, the question of refund of proportionate amount of the margin money did not arise in any case. Appeal dismissed.
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