TMI Blog2019 (6) TMI 811X X X X Extracts X X X X X X X X Extracts X X X X ..... is applicable to the facts of the present case where it was held that petitioner shall produce the said NOC before the 4th respondent and seek the benefits from the 4th respondent. Respondents are directed to permit the writ petitioner to make necessary amendments - First respondent is directed to issue a 'No Objection Certificate' ('NOC' for brevity) to enable the petitioner to claim the benefits under any MEIS scheme from DGFT - petition disposed off. - W.P.No.3321 of 2019 - - - Dated:- 10-6-2019 - Mr. Justice M. Sundar For the Petitioner : Mr.Hari Radhakrishnan For the Respondent : Mr.S.R.Sundar Senior Standing Counsel ORDER Mr.Hari Radhakri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Customs authorities. 7. When things stood as above, when the writ petitioner submitted an application dated 21.05.2017 to the second respondent seeking amendment of the relevant shipping bills filed by the writ petitioner so as to claim incentive under MEIS scheme stating that the writ petitioner had inadvertently omitted to select 'yes' in the online platform and had failed to incorporate the required declaration in the shipping bills so as to claim the benefit under MEIS scheme from DGFT. 8. When things stood as above, when the writ petitioner sought amendment, vide 'letter dated 31.12.2018 bearing reference F.No.S.Misc/160/2017-EDC (NOC) from the first respondent' (hereinafter 'impug ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nnot be done. But then, the petitioner cannot suffer for an inadvertent mistake committed by him. 3. The Learned Counsel appearing for the Writ petitioner points out that in an identical situation, the High Court of Kerala in the decision reported in 2018 (361) E.L.T.1000 (Ker.) (Saint Gobain India Pvt. Ltd., V. Union of India) held as follows:- '6 ..It is the specific contention of the 3rd respondent that there can be no amendment in the shipping bills, since the entire procedure is operated by the system. However, it is stated that the 3rd respondent is ready to issue 'No Objection Certificate' to enable the petitioner to avail the benefits from the 4th respondent. In the abov ..... X X X X Extracts X X X X X X X X Extracts X X X X
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