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2015 (9) TMI 667

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..... ondent-4 for grant of EODC, same has not yet been issued by respondent No. 4 to the petitioners – Meantime, respondent-1 to 3 have addressed communication to Respondent-6 for encashment of one of bank guarantees submitted by petitioners as petitioners have not submitted Export Obligation Discharge Certificate – Held that:- Respondent-2 and 3 and respondent-4 are all organs of Union of India – If o .....

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..... cate with Pradeep S. Jetly and Ms. Neeta Masurkar, for the Respondent. ORDER Issue notice, returnable on 24th April, 2015 Mr. Jetly waives service of notice for Respondent Nos. 1, 2 and 3. Mrs. Masurkar waives service of notice for Respondent Nos. 4 and 5. Humdast granted for Respondent No. 6 2. Heard Mr. Madon, learned senior counsel appearing for the Petitioners, Mr. Jetly for Respon .....

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..... g order and as such, remanded the matter for fresh consideration. Even after remand respondent No. 2 confirmed its earlier order. As such, the petitioners were required to approach this Court vide Writ Petition Nos. 233 of 2013 and 237 of 2013. This Court by the judgment and order dated 20th December, 2014 held that the petitioners were entitled to the benefit of exports made by its sister concern .....

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..... not have any option but to encash the bank guarantee since the EODC is not submitted within the specified period. 6. We find that both respondent Nos. 2 and 3 and respondent No. 4 are all organs of the Union of India. If one organ of the Union of India does not comply with the orders passed by this Court, the other organs of the Union of India cannot take the benefit of the same and act prejudi .....

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