IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE:03.02.2011 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.4403 of 2006 M/s.Sharp Tools, (Pump Division), Rep.by its Managing Partner, K.R.Parthiban, having office at 9/10, Sharp Nagar, Kalapatti Post, Coimbatore 641 035 .... Petitioner ..Vs.. 1.The Asst. Commissioner (EPCG), Customs House, No.60, Rajaji Salai, Chennai 600001 2.The Commissioner of Customs (Export), Custom House, No.60, Rajaji Salai, Chennai 600001 3.The Chief Manager, State Bank of India, Industrial Finance Branch, Coimbatore 641 018 4.The Joint Director of Foreign Trade, Ministry of Commerce, Union of India, No.154, India Life Building Annexe, First Floor, Trichy Road, Coimbatore. .... Respondents Prayer: Petition filed seeking for a writ of Certiorarified Mandamus, to call for the records comprised in the proceedings of the first respondent herein bearing No.F.S.45/70/2000-EPCG dt.06.02.2006 and quash the same and consequently issue a Mandamus directing the 4th respondent to issue the Export obligation discharge certificate towards fulfillment of export obligation imposed under EPCG License No.2144536 dated 08.02.2000. For Petitioner : Mr.Satish Parasaran For Respondents : Mr.E.Vijay Anand (R1 and R2) Mr.P.D.Adikesavalu (R3) Mr.P.Mahadevan (R4) Central Government Standing counsel O R D E R
At this stage of the hearing of the Writ Petition, a counter affidavit has been filed on behalf of the respondents. Paragraph 4 of the counter affidavit reads as follows:
“4.I humbly submit that in respect of EPCG Licence No.P/CG/2144536 dated 08.02.2000, the firm have produced shipping bills showing fulfillment of export obligation. However the said shipping bills could not be accounted towards fulfillment of export obligation on the ground that the same do not bear the relevant EPCG License number and date. In the absence of license number and date, the firm was required to submit an Affidavit/Undertaking in terms of Policy Circular No.7 dated 11.07.2002 that exports accounted for fulfillment of export obligation against this EPCG License has not been accounted/shall not be taken into account for fulfillment of export obligation against any other EPCG License and confirming that the product exported under the said Shipping Bills were manufactured by using the machinery imported vide the above mentioned EPCG Licence. Since the firm failed to produce the above documents in spite of calling for the same vide this office letters dated 21.10.2005 and 15.02.2006, export obligation discharge certificate could not be issued by this office. In the absence of discharge certificate issued by this office, Customs Authorities can initiate action for redemption of Bank Guarantee by the petitioner to recover government revenue.”
2.The learned counsel appearing on behalf of the petitioner had not been in a position to state as to whether the particulars required by the fourth respondent had been furnished.
In such circumstances, this Court is not inclined to grant the relief, as prayed for by the petitioner, in the present Writ petition. Hence, this Writ Petition stands dismissed. No costs. It is made clear that it would be open to the respondents 1, 2 and 4 to proceed against the petitioner, if so advised, as per law.
arr
To
1.The Asst. Commissioner (EPCG),
Customs House,
No.60, Rajaji Salai,
Chennai 600001
2.The Commissioner of Customs (Export),
Custom House,
No.60, Rajaji Salai,
Chennai 600001
3.The Chief Manager,
State Bank of India,
Industrial Finance Branch,
Coimbatore 641 018
4.The Joint Director of Foreign Trade,
Ministry of Commerce,
Union of India,
No.154, India Life Building Annexe,
First Floor, Trichy Road,
Coimbatore