2003 (9) TMI 102

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....ry of Textiles passed on 14-9-2002. The question in this petition relates to the utilisation of the export obligation of the petitioner under the Garment Export Entitlement Policy. 2.In this particular case, the relevant year is 1999. The revalidation of export quota which was granted to the petitioner was under the condition that the petitioner would provide a Bank Guarantee to ensure that it ....

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....t from the First Appellate order dated 4-4-2002 passed by the Textile Commissioner that the petitioner had, in point of fact, submitted evidence in the form of a Meteorological Department Certificate dated 7-3-2001 indicating the fog and bad weather conditions prevailing during the period 20-12-1999 to 31-12-1999. This was not accepted as a valid reason constituting a Force Majeure condition by th....

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....cation of mind on the part of the Second Appellate Committee. 5.Mr. Kuljeet Rawal, appearing on behalf of the respondent No. 4, sought to justify the orders on the basis of the factual position and in particular the very contentions of the petitioner before the Second Appellate Committee which constituted the grounds of Appeal which are at pages 30-32 of the Paper Book. According to Mr. Kuljeet....

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....uction of any evidence is one thing and production of evidence which is not credible or germane to the issues is quite another. 6.In these circumstances, it would be appropriate that the impugned order is set aside and the matter is remanded to the Second Appellate committee for a fresh consideration after giving the petitioner another opportunity of hearing. However, the petitioner is directed....