2008 (9) TMI 598

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e Union says that the Union should have been invited to use an affidavit to express its version of things. The Union says that the writ petition could not have been disposed of by directly permitting the exporter to complete the alleged export obligations without assessing the facts. 3. The writ petitioners claim to have obtained orders of export of maize from foreign buyers that had been partly executed prior to a ban on export of maize being imposed till October 15, 2008 by the appellant. The writ petitioners say that the export orders have to be executed expeditiously and tons of maize remain stocked and ready for export. The writ petitioners submit that upon a temporary restriction being imposed by the Government, transitional a....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....on). In the event the prayer of the petitioner is rejected, the order must be supported by reasons." 6. In compliance with such order the DGFT considered the writ petitioners' representation and declined permission on the reasoning primarily found at paragraph 4 of the order dated July 25, 2008 which was assailed in the subsequent petition under Article 226 of the Constitution that culminated in the order under appeal. The DGFT has expressed a view that unless an exporter cites payment terms under the export contract which provide for payment through irrevocable letter of credit, it is possible that the export contracts may be antedated by an exporter to bypass the ban temporarily imposed. The DGFT was of the view that the clause re....