TMI Blog2008 (9) TMI 598X X X X Extracts X X X X X X X X Extracts X X X X ..... d not take into account relevant considerations and to directly accord permission to the exporter to continue to execute the export orders without assessing the quality of the documents produced in support of the prayer for relaxation - Appeals are disposed of - 3043 of 2008 - - - Dated:- 17-9-2008 - Surinder Singh Nijjar, C.J. and Sanjib Banerjee, J. REPRESENTED BY : S/Shri Bhaskar Prasad Banerjee, Somnath Bose and Shakeel Mohamed Akhta, Advocates, for the Appellant. S/Shri Pradip Tarafder and Joydeep Sen, Advocates, for the Respondent. [Order]. The Court : The appeal is directed against an order disposing of a writ petition without calling for affidavits and directing an exception to be made out for the appellant to c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e operative portion whereof is as follows : Having heard learned Advocates for the parties and regard being had to the urgency involved, this writ petition stands disposed of with a direction upon the Director General of Foreign Trade to consider the prayer made by the petitioner vide representation dated 11-7-2008 (Annexure P-10 to the petition) as early as possible but positively within three days from date of receipt of a copy of this order in accordance with law and particularly in the light of Clause 2.5 contained in Chapter 2 of the Foreign Trade Policy, 2004 to 2009 titled General Provisions regarding Imports and Exports and the relaxation granted earlier vide letters dated 5th July, 2008 (Annexure P-7 to the petition) and 10th Ju ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ine hardship. Though clause 1.5 specifically deals with a request for relaxation to permit export or import during a period covered by a ban, nothing in clause 1.5 makes it exhaustive so that the more general power available to the DGFT under clause 2.5 may not be exercised in such a case. 9. The order dated July 25, 2008 insofar as it restricts the operation of clause 2.5 of the Foreign Trade Policy and makes it inapplicable to a matter of the present nature and insofar as such order does not specifically deal with the : writ petitioners export orders or the authenticity thereof, cannot be sustained and we are in agreement with the learned Single Judge on such count. It is, however, entirely different matter to find that the order did n ..... X X X X Extracts X X X X X X X X Extracts X X X X
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