2016 (6) TMI 62

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....athi Vani, Advocate For the Respondent: Shri S.V.Giri Kumar, Advocate ORDER The learned Government Advocate is directed to take notice for the respondents. 2. The petitions coming on for preliminary hearing are considered for final disposal. 3. The petitioner is said to be a manufacturer of cashew kernels and also an exporter having the necessary licence from the statutory authoriti....

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....e petitioner, under the contract, was said to be under an obligation to furnish Form H declarations to M/s S M Minerals, Davanagere, provided M/s S M Minerals supplies the agreed quantity of iron ore. The petitioner claims to have paid certain amounts in advance to M/s S M Minerals, however, the said comp any had failed to honour the contractual obligation to supply the required quantity of iron o....

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....ns of the Arbitration and Conciliation Act, 1996, since the agreement provide d for such arbitration. Thereafter, M/s S M Minerals issued a notice invoking the arbitration clause calling upon the petitioner to arbitration proceedings and the matter is pending before the Arbitrator. Immediately, thereafter, the petitioner had requested the first respondent to issue Form H declarations i n respec....

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.... issue Form H declarations in the absence of a concluded assessment proceedings. Therefore, when there is no legal bar, the first respondent arbitrarily having presumed that there was such restriction, it has led to miscarriage of justice and the petitioner being denied a rightful claim especially, when there is no loss of revenue to the respondents since export obligations are duly fulfilled and ....