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2017 (9) TMI 1213 - HC - CustomsPenalty - default in fulfilment of its export obligations - RITES (petitioner) neither surrendered the licence nor completed the export obligations - Held that: - According to RITES, it did not receive the said impugned orders as they were sent to its erstwhile office address at New Delhi and RITES had since shifted to Gurgaon. RITES further claimed that it became aware of the impugned orders on 28.04.2015. Even thereafter, RITES did not take any further steps to assail the impugned orders. On the contrary, RITES paid the penalties and requested for closure of the case by the letters dated 13.07.2015. It is apparent that present petitions are grossly delayed and have been filed to overcome the failure of not availing of the alternate remedies within the time specified - RITES is Government of India Enterprise and not a hapless individual, who can be taken advantage of; it cannot be heard to canvas that it had made payments under duress. Further, even after the cases were closed, RITES did not take immediate steps to challenge the impugned orders and had approached this Court more than a year thereafter. The impugned orders are neither arbitrary nor unreasonable - petition dismissed - decided against petitioner.
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