MOHIT TRADERS Vs. UNION OF INDIA

JUDGEMENT

(1.) Shri Vijay Nayak, learned counsel with Shri Anand Nayak, learned counsel for the petitioner. Shri Abhay Pandey, learned counsel for respondents No. 1 and 2. Shri Siddharth Gulati, learned counsel for respondent No. 3.

(2.) The petitioner in pursuance to Indo Srilanka Free Trade Agreement for the year 2007-2008 for stock and sale, entered into contract on 9-5-2007 with respondent No. 3, a private entity, situated at Srilanka for supply of vegetable oil and applied for importing the same which was sanctioned on 21-6-2007. The shipment in pursuance to the contract the shipment of Vanaspati Ghee (Hydrogenated Vegetable Oil) was to take effect in May-June, 2007. The petitioner was, however, informed by respondent No. 3 by its letter dated 29-6-2007 expressing its inability to export the vegetable oil in May-June, 2007 and sought extension of import licence.

(3.) The petitioner thereafter sought extension of time limit for completion of import obligation pertaining to first quarter of 2007-08 for import of Hydrogenated Vegetable Oil. The approval of extension of time was conveyed to the petitioner on 31-10-2007 for completion of import obligation of vegetable oil pertaining to first quarter ending 30-6-2007 to extent of 50 % by the Third quarter ending 31-12-2007 and balance 50% by last quarter ending 31-3-2008.