SAWHNEY EXPORT HOUSE Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an application by which the petitioner seeks the review of the judgment of this Court dated 5th September, 2001. By the said judgment this Court dismissed the writ petition filed by the petitioner where the petitioner had taken mutually contradictory stand for invoking the "Force Majeure Clause" to avoid liablities arising under the First Come First Serve Scheme of quota entitlement. The judgment noted that the petitioner had for explaining the delay in fulfilling the export obligation on differentr occasions taken the following pleas :-

(2.) It was also held that the fire in the premises of the petitioner's supplier could not permit the petitioner any cause to invoke the "Force Majeure Clause." The judgment also declined to permit the petitioner to place reliance upon a letter dated 23rd August, 1996 as it was sought to be relied upon only when the matter was being argued in Court.

(3.) The petitioner sought review of the judgment primarily on the ground that there were no differing stands adopted by it, and even in the reply to the show cause notice, the plea of fire had been taken. Accordingly on 16th April, 2002 time was granted to the petitioner to satisfy the Court by furnishing the reply to the show cause notice. No such reply was furnished and on the contrary the note bearing the following heading was submitted by the petitioner: