LAWS(KER)-2016-9-140

UNIVERSAL OLEORESINS Vs. DIRECTOR GENERAL OF FOREIGN TRADE

Decided On September 05, 2016
Universal Oleoresins Appellant
V/S
DIRECTOR GENERAL OF FOREIGN TRADE Respondents

JUDGEMENT

(1.) These writ petitions have been filed by a common petitioner which concern issues similar and are heard and decided together.

(2.) Petitioner, a company carrying on the business of import/manufacture and export of spices, oleoresins, spices oil etc., obtained Authorisation for importing 20 Metric Tons of light black pepper as per order dated 5/8/2009 of the Joint Director General of Foreign Trade and another 20 Metric Tons as per Authorisation dated 25/9/2009. As per the conditions stipulated under the Authorization, the petitioner was under obligation to export black pepper oleoresins and black pepper oil manufactured out of the imported pepper within a period of four months from the date of such import. According to the petitioner, they have exported black pepper oil within the specified time as contemplated under the Advance Authorization. However, black pepper oleoresins could be exported only in a phased manner which could be completed after a period of 7= months from the last date mentioned to comply the Export Obligations.

(3.) Petitioner approached the Policy Relaxation Committee (PRC) for regularization of the exports made within the extended period. Though the application was rejected initially, the same came to be reconsidered. In WP (C) No. 5752/16, Ext.P2 is the decision by which the PRC rejected the application. Again the petitioner approached the Committee, which was again rejected as per Ext.P3 dated 13/8/2015. However, by Ext.P5, the Committee extended the period by another four months. In WP(C) No. 5728/2016, the Committee extended the date of Export Obligation for a further period of four months on certain conditions. There was a typing error and the final order has been issued as Ext.P3 dated 22/9/2015 after correcting the mistake.