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2016 (10) TMI 565 - BOMBAY HIGH COURTRefusal for allowing advance authorisation and a duty free import authorisation (DFIA) - Failure to fulfill export obligation - claim of unconditional relaxation - recognised Export House - It is evident from the petition itself that they aware of the defaults and which had occurred - Principles of natural justice - writ of certiorari - Held that: - Once relaxation is not a right and nothing accrues in the petitioners' favour to apply and seek unconditional relaxation, then, all the more we do not think that the exercise undertaken by the experts in the field and in charge of interpretation and implementation of the foreign trade policy should be interfered by us in our equitable and discretionary jurisdiction under Article 226 of the Constitution of India. A person who has not been able to fulfill the obligations cannot insist on an unconditional relaxation or exemption - All imports and exports of more than one advance authorisation can be considered provided inputs are common and properly accorded for as per norms - also considered as to how the exercise of clubbing at the instance of the petitioners firstly enabled the petitioners to prolong the period for fulfillment of the export obligation and secondly, that the petitioners were aware that the first of such authorisation can be taken into consideration for relaxing the period within which the export obligation has to be completed - Petition dismissed
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