TARUN KUMAR Vs. DELHI GOLF CLUB LTD

JUDGEMENT

(1.) In these proceedings under Article 226 of the Constitution the petitioner questions concurrent orders of the Apparel Export Promotion Council; the Appellate Textile Commissioner and the Second Appellate Committee constituted to decide grievances, by the Central Government, Ministry of Textiles.

(2.) The Petitioner was allocated a quota in terms of the Garment Export Policy prevalent in 1997, under provisions of the Foreign Trade (Development and Regulation) Act, 1992 (hereafter, "the Regulations"). At that time, garment exports were entitled to benefits/Schemes such as Past Performance Entitlement (PPE); Past Performance Transfer (PPT); First Come First Served (FCFS); Non- Quota Entitlement (NQE) NQT and NIE (New Investment Entitlement) etc. These enabled exporters to a slew of concessions/ quota. In terms of these schemes if an exporter completed his obligations before 30th of September of the concerned calendar year, he was unconditionally, eligible, to benefits without submission of legal undertakings or bank guarantees. However, if quantities were left over and were sought to be exported on or after October, till December of the year, extension was to be obtained from the fourth respondent (AEPC). This was usually given, subject to the exporter furnishing an undertaking that in case the targeted exports were not fulfilled, he would be subjected to levy of a quantified amount as penalty.

(3.) The policies further stipulated that if the exporter fulfilled 90% or more of the targeted quantity, no amounts could be forfeited; on the other hand, if the export was between 75 to 90% a proportionate benefit was given after deduction of some amount. In case the export was less than 75% the amount stipulated was forfeited as penalty, in entirety.