2021 (8) TMI 248

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....enge in the present Writ Petition. 2.The petitioner states that its family business is rice milling industry and the father owns a rice mill in Sankarapuram. With a view to diversify the business and export rice, the petitioner started firm with the object to export rice. An export license was also issued in favour of the petitioner on 19.01.2004, by the Foreign Trade Development Officer, Pondicherry. Once the license for exporting is granted, the petitioner is bound by the provisions of the Act as well as the Regulations issued thereon. Admittedly, the export obligations also stipulated and the period from the date of issue of licence the obligations were fixed. The relevant clause of declaration and agreement reads as under: "....

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....presentation to the respondents in the year 2013 itself, which was not considered. 3.This Court is of the considered opinion that the export obligations declared were agreed by the petitioner. When the export license was granted pursuant to the declaration and agreement, the petitioner is bound to fulfill the same and in the event of any difficulty or other grievances, he has to approach the competent authorities and the High Court cannot dilute or grant any relief with reference to the agreed export obligations. 4.The learned Senior Central Government Standing Counsel appearing on behalf of the respondents 1 and 2 made a submission that the writ petitioner is not entitled for any relief as the petitioner had failed to fulfill the exp....

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....ar 2011 till date. The Foreign Trade Policy and procedures containing relief mechanism in para 5.11.3 provides for automatic extension of export obligation period for a period of 4 years and few months because of the ban period. The 1st respondent could have sought relief under the automatic mechanism high lighted therein and they can still export and fulfill export obligation the 1st respondent had suppressed above factual and legal position and mis-lead the Court to obtain interim orders. This writ petition filed in the sole aim to evade customs duty plus interest thereby causing revenue loss to the exchequer. Hence, this writ petition itself is liable to be dismissed. 13.In view of the interim order dated 09.05.2013 granted by t....