2013 (4) TMI 390 - HC - Customs

Import License Revalidation Challenge Dismissed for Failure to Timely Seek Remedies

Oriental Export Corporation Versus Union of India and others

Oriental Export Corporation Versus Union of India and others - 2013 (293) E.L.T. 481 (Bom.) Issues:Challenge to rejection of revalidation of Duty Free Import Authorization License (DFIA) by Foreign Trade Development Officer based on statutory provisions and availability of alternate remedy.Detailed Analysis:1. Challenge to rejection of revalidation of DFIA License: The Petitioner sought a direction to revalidate, renew, and extend the period of the DFIA License, challenging the orders declining revalidation between specific dates. The Petitioner claimed compliance with export obligations and subsequent rejection of revalidation requests by the Foreign Trade Development Officer.2. Availability of Alternate Remedy: A preliminary objection was raised on the maintainability of the petition, citing the availability of a statutory alternate remedy not availed by the Petitioner within the prescribed period. The relevant statutory provisions under the Foreign Trade (Development and Regulation) Act, 1992 were discussed, emphasizing the appeal mechanism against orders refusing to grant or renew licenses.3. Statutory Provisions and Appeal Mechanism: Sections 9(2), 9(5), and 15(1) of the Act were analyzed to highlight the appeal process against orders related to licensing decisions. The judgment clarified the hierarchy of appeal authorities and the prescribed time limits for filing appeals under the Act.4. Judicial Interpretation: The judgment emphasized the importance of availing statutory remedies within the prescribed time limits, barring exceptional circumstances like violations of natural justice for seeking recourse under Article 226 of the Constitution. It was noted that failure to utilize the statutory remedy within the specified period could render a petition under Article 226 not maintainable.5. Merits of Revalidation Request: The judgment briefly touched upon the merits of the revalidation request, highlighting the specific provisions in the Foreign Trade Policy and Hand Book of Procedures regarding revalidation of import authorizations. It was concluded that the Petitioner was not entitled to revalidation based on the provisions and the lack of necessary documentation.6. Conclusion: The judgment dismissed the petition citing non-maintainability due to the failure to utilize the statutory alternate remedy within the prescribed period. Additionally, it was noted that the Petitioner's grievance lacked merit even upon evaluating the alternate submission, leading to the dismissal of the petition without costs.This detailed analysis of the judgment from the Bombay High Court provides a comprehensive understanding of the issues involved, the statutory provisions considered, the importance of availing alternate remedies, and the ultimate conclusion reached by the court.