2010 (1) TMI 509

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....he garments from India during the year 1991 the Petitioner was granted export licence (VISA) for export of 6000 dresses to M/s. Ivory International, Miami, USA. Due to the change of fabric from cotton to rayon, the Petitioner applied for grant of extension of time to execute the order after depositing 30% bank guarantee with the Apparel Export Promotion Council (AEPC). Extension up to 10th May, 1991 was granted by the AEPC. The goods were to be shipped from Madras. 3. According to the Petitioner in the meantime the Government granted General Extension to the validity of the certified Shipping Bills up to 31st May, 1991. Accordingly the Petitioner's Clearing Agent submitted documents to the office of the AEPC at Madras for grant of extens....

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....particular individual and the benefits of such policy are wrongly denied, then such person cannot be made to suffer for no fault of his. It was held that the non-release of the quota by the Petitioner could be attributed to the non-grant of time extension to which the Petitioner was otherwise entitled. 6. The precise prayer, therefore, in the present writ petition stems from the aforementioned claim which in para 10 has been split up as Rs. 22,820.75 towards the refund of EMD, Rs. 1,80,092.72 towards interest at 24% thereon; Rs. 15,810/- towards refund of balance EMD and Rs. 46,367.13 towards interest at 24% thereon till 15th May, 1994. In addition the Petitioner had claimed Rs. 94,762.52 regarding refund of EMD for surrender of quota an....

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.... directing the Respondents to release the forfeited bank guarantee amount together with interest at 12%. That order was not appealed against and attained finality. 10. The stand of the Respondents as regards the present claim cannot be any different. As already held by a learned Single Judge of this Court in the said decision, the non-utilisation of the quota in the present case is attributable to the failure of the AEPC to inform its office in Madras of the submission of the bank guarantee by the Petitioner for extension of the time for making the export. The Petitioner cannot be made to suffer for the fault of the AEPC. 11. The Petitioner has pointed out that the AEPC had issued an instruction to the Indian Bank dated 15th December,....