EPCG waiver claim sent back for reasoned customs reconsideration, with interim protection continued until decision.

The petition concerned a request under the EPCG scheme for waiver of export obligation and the duty-saved amount. The High Court did not decide the claim on merits, including the plea of promissory estoppel, and instead directed the competent customs authority to consider the representations, recommendations, and factual background, then pass a speaking order within the stipulated time. Interim protection against coercive action was continued until that decision. The operative effect was administrative reconsideration of the claim, with restraint preserved pending the authority's reasoned determination.

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Issues: Whether the petitioners' claim for waiver of export obligation and duty-saved amount under the EPCG scheme should be placed before the competent customs authority for consideration and a reasoned decision, with interim protection continuing until such decision.

Analysis: The dispute was not adjudicated on merits. In view of the consensus between the parties, the factual background of the bamboo industry, and the existing representations and recommendations on record, the matter was fit for consideration by the competent authority. The Court expressly refrained from entering into the merits of the claim, including the plea based on promissory estoppel, and directed the customs authority to examine the claim and pass a speaking order within the stipulated time. The interim restraint against coercive action was ordered to continue until such determination.

Conclusion: The petitioners were granted a direction for administrative reconsideration of their claim, with interim protection maintained pending the authority's decision.

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