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2010 (3) TMI 201 - HC - CustomsEXIM- Marble Import- The petitioner, an importer of rough marble blocks/slabs, challenges in this writ petition a circular dated 23rd October 2009 as well as notification dated 15th October 2009 issued by the Director General of Foreign Trade (‘DGFT’) imposing a condition that for the purposes of securing an import licence the Petitioner would have to install a gang saw machine in its unit. The Petitioner is a sister concern of the Litoller Group which was a pioneer in importing Italian marble into India. The petitioner was issued an import license for the import of marble slabs/blocks on 12th October 1999. On 22nd January 2003 the DGFT renewed the Petitioner’s license for import of rough marble blocks/slabs. Held that- . It appears that the decision to reject the Petitioner’s application was taken on 10th November 2009 itself, prior to this court’s order dated 11th November 2009. Although this decision was communicated to the petitioner in writing later, there is nothing to doubt that the decision was itself taken on 10th November 2009. In the circumstances it is not possible to hold that the Respondents were in contempt of this Court’s order dated 11th November 2009 when they communicated the decision of rejection to the Petitioner by the letter dated 16th November 2009. There is no merit in the contempt petition and it is dismissed as such.
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