2003 (10) TMI 55

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....s writ petition is for the issuance of a Writ of Mandamus directing the first respondent to release the bank guarantee furnished by the petitioner in respect of imports made against the Value Based Advance Licences as sought for in their letter dated 17-3-1999. 3.The petitioner is a manufacturer of quartz analog watches and is an exporter of the same, has imported several items as per the Expor....

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....oner made several representations for return of the bank guarantee. Since the matter remained pending, the present writ petition has been filed. 4.A counter affidavit has been filed on behalf of the first respondent wherein it is indicated that the first respondent has taken action in accordance with Paragraph 109D of the policy and the matter is still under consideration, as several correspond....

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....ommissioner  of Cus., Madras [1999 (106) E.L.T. 303 (Mad.)], wherein it was observed as  follows :- "I carefully considered the contention of both the Counsel. The petitioner is only a purchaser of the import licence from the original licensee. The original importer has imported the material goods as per the original licence and complied with the obligation of the export. In the origi....

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....sts. The petitioners, as purchasers of the licence after the discharge of the obligation of exports, are not bound to establish the nexus." 7.Similar view has been expressed in a Division Bench decision of this Court in Union of India v. Oceanic Export  Corporation [2000 (116) E.L.T. 19 (Mad.)]. 8.From the aforesaid decisions, it becomes clear that once export obligation has been met, i....