TMI Blog1981 (9) TMI 279X X X X Extracts X X X X X X X X Extracts X X X X ..... facts which have given rise to this petition are as follows : On November 20, 1972, the generaly trade arrangement was arrived at between the Government of India and the Government of Afghanistan, under which imports of certain goods from Afghanistan were contemplated against exports of specified goods from India. In pursuance of this arrangement, the Central Government issued a Public Notice No. 93/72 on June 30, 1972. By the said Notice the Government laid down the policy regarding the imports from Afghanistan against corresponding exports from India to that country, and vice versa. In accordance with the provisions of the said Notice, the petitioner applied to the Joint Chief Controller of Imports and Exports on December 18, 1972, for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Bill of Lading on March 29, 1974 in respect of Silk Piece-goods and the shipment took place on May 4, 1974. In the meanwhile, the Joint Chief Controller of Imports and Exports, passed an order on December 21, 1973 forfeiting the bond executed by the petitioner for his failure to export the goods by the end of November 30, 1973. On the date when the order was passed by the Controller, the extension up to March 31, 1974 was not granted. The order passed by the Controller was communicated to the petitioner on February 27, 1974. 4. The petitioner was informed of the cancellation of the bond and was called upon, along with the guarantor Bank, to deposit the amount covered by the bond. The petitioner addressed a letter on September 27, 1974 e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Custom Authorities stopped allowing exports on the shipping bills filed with them on or before March 31, 1974. The letter further mentions that on the request being made that these firms be allowed to obtain fresh Export Promotion forms and effect shipments to counter-balance their imports made during 1972-73, the Ministry of Commerce has decided to allow such firms to obtain fresh N.P. forms against the cancelled forms so that exports could be made before February 28, 1975. Shri Hidayatullah submits that in view of this letter, the time for export was further extended and as the petitioner had already completed the export by May 4, 1974, the petitioner should be given advantage of the decision of the Ministry of Commerce and the forfeitur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rders of the Joint Chief Controller of Imports Exports dated December 21, 1973, and that by the Under Secretary to the Government of India communicated to the petitioner by letter dated December 22, 1977 are quashed. Though the petitioner has succeeded in the petition, I am directing the petitioner to pay the costs of the respondents, because the letter dated February 15, 1975, on which reliance was placed, was not annexed to the petition, nor was made available to the respondents till the arguments commenced. The matter was required to be adjourned to enable Shri Mehta to take instructions from his clients. As the petitioner has failed to produce the relevant letter at the time of filing of the petition or any time before the date of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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