Physical export requirement under Rule 41 not converted into deemed export relief; request for procedural modification rejected.

The Tribunal's inherent power under Rule 41 was not invoked to convert a direction for actual export into permission for deemed export. The earlier directions and the High Court's order were read as requiring physical export out of India, and the request for deemed export was treated as a new relief not sought in the main proceedings. As a substantial part of the stock had already been physically exported and no exceptional basis was shown to make further physical export impossible, no ground existed to alter the operative effect of the earlier directions. The application was rejected.

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Issues: Whether the Tribunal should invoke its inherent powers under Rule 41 to permit the seized optical fibre stock to be supplied as deemed exports instead of being physically exported.

Analysis: The earlier directions and the High Court's order were read as permitting export only in the sense of actual export out of India, and the request for deemed export amounted to seeking a new relief not sought in the main proceedings. The Court also noted that the High Court had already declined to treat the matter as requiring clarification or modification, and that a substantial part of the stock had in fact been physically exported, with no satisfactory basis shown for treating further physical export as impossible. On that footing, no exceptional ground was made out to use the Tribunal's inherent procedural power to alter the operative effect of the earlier directions.

Conclusion: The request for permission to effect deemed exports was rejected, and the application failed.

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