COSMIQUE LTD. Vs. UNION OF INDIA (UOI)

JUDGEMENT

(1.) ISSUE Rule. Mr. Kuljeet Rawal, Advocate accepts notice of rule. With consent of counsels, the matter was heard finally.

(2.) THE petitioner seeks quashing of an order of the second appellate committee constituted by the Union Textile Ministry under the Garment Export Entitlement Policy (GEEP); the order is dated 31.08.2004.

(3.) IN compliance with the directions of the appellate forum, a Show Cause Notice was issued to the petitioner, calling upon it to explain why forfeiture of the said amount of Rs. 26,62,032/ - not be resorted to for its failure to adhere with the undertaking for surrender of 21,468 pieces in No. 336, by 31.01.1995. Apparently, the respondents had given credit to the surrender of 4035 pieces by June 1995 concededly made by the petitioner in January 1995. The petitioner resisted the respondents on 28.05.2002 stating that the switch over was at the insistence of the US authorities and was unjustified. It also contended having pursued the matter with AEPC not to insist on taking the quota since it was not their fault, yet on being left with no option, 4035 pieces' quota was surrendered in June 1995. Para 8 of the reply dated 28.05.2002 also stated that the quota equivalent of 17433 was given. In these circumstances, complete waiver of forfeiture was sought.