PEARL GLOBAL LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) . Rule. With the consent of the parties the matter is taken up for final disposal.

(2.) The present writ petition has been filed by the petitioner which is a company engaged in the garment export business. The petitioner seeks an appropriate writ, direction or order quashing the order dated 17.11.1998 passed by the Apparel Export Promotion Council (Respondent No.4 herein), the order-in-appeal dated 16.10.2000 passed by the Textile Commissioner (Respondent No.3) and the order dated 8.10.2002 passed by the Second Appellate Committee (Respondent No.2). The petitioner also seeks a direction to be issued to the respondents to withdraw the entire forfeiture of Rs.7,98,548.00 on account of the submission that the petitioner had fulfilled 96% of the quota obligation during the relevant year.

(3.) The petitioner's case is of first-cum-first served (FCFS) quota. The relevant year is 1997. Therefore, the Garment Export Entitlement Policy 1997-1999 (hereinafter referred to as the GEE Policy) would apply. By virtue of paragraph 8B of the said GEE Policy, under the FCFS system, Earnest Money Deposit (EMD) is required to be furnished at the rate of 5% of the FOB value at the time of applying for allotment, covering the total quantity applied for. The earnest money deposit can be given in the form of Bank Guarantees or FDR or demand draft, Legal Undertaking (LUT) or post dated cheques as the case may be.