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1973 (8) TMI 155 - SC - CustomsTrade Notice dated 29 January, 1972 challenged - Held that:- For the reason of the changed pattern of export steamers were not availed or shipment was delayed the traders would suffer loss for non-shipment of the goods and incur railway demurrage and Port Commissioners’ demurrage and storage charges. The Association therefore asked for relief in the matter of export in accordance with the contractual terms of existing contracts. The Andhra Pradesh Chamber of Commerce added that there were contracts prior to 24 January, 1972 stating shipment date subsequent to 24 January, 1972 for which letters of credit were to be established in due course. Certain contracts were executed in part and for the remaining part letters of credit were to be established in due, course prior to the stipulated time, of shipment. There were contracts prior to 24 January, 1972 for which’ letters of credit originally established had expired. Therefore, the Andhra Chamber of Commerce asked for extension of last date for registration of contracts up to 29 February, 1972. In this background it cannot be said that the Government authorities acted mala fide in extending the date of the opening of the letter of credit from 24 January’, 1972 to 31 March, 1972. The relaxation was to minimise hardships to the traders. The relaxation was to prevent dislocation of trade on a large scale. The Association gave instances of traders who could not succeed in opening letters of credit for reasons beyond their control. Appeal dismissed.
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