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Madras High CourtWP/12500/2021disposed of

M/S.Fuso Glass India Pvt. Ltd. v. The Assistant Director General Of Foreign Trade

2025-02-28Honourable Mr Justice Abdul Quddhose4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.02.2025

CORAM

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE M/s.Fuso Glass India Pvt. Ltd.

... Petitioner Vs.

1.The Assistant Director General of Foreign Trade, 5th Floor, Shastri Bhavan Annexe, No.26, Haddows Road, Chennai - 600 006.

2. The Joint Commissioner (EODC - Advance), Office of the Commissioner of Customs, Chennai IV Commissionerate, No.60, Rajaji Salai, Custom House, Chennai - 01.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the 1st respondent to consider and process the application dated 21.01.2016 filed for issuance of Export Obligation Discharge Certificate (EODC) within a reasonable period. For Petitioner :

Mr. Sethuprabakaran for Mr. Hari Radhakrishnan For Respondents :

Mr.J. Madhanagopal Rao SCGSC for R1 Mr.K. Mohanamurali Senior Standing Counsel for R2

ORDER

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This writ petition has been filed, seeking for a mandamus, seeking for a direction to the first respondent to consider and process the application dated 21.01.2016 submitted by the petitioner for the issuance of an Export Obligation Discharge Certificate (EODC) within a time frame to be fixed by this Court.

2. According to the petitioner, they have fulfilled the export obligation and therefore, they had submitted an application to the first respondent on 21.01.2016, seeking for issuance of Export Obligation Discharge Certificate (EODC). However, according to the petitioner, till date, the application of the petitioner has not been considered on merits and in accordance with law. The learned counsel for the petitioner would now submit that as requested by the second respondent, the petitioner had also submitted a fresh online application dated 22.02.2024, seeking for issuance of Export Obligation Discharge Certificate (EODC).

3. The learned counsel for the petitioner would now seek for a direction from this Court to the first respondent to pass orders on the petitioner's online application dated 22.02.2024, seeking for issuance of 2/4

Export Obligation Discharge Certificate (EODC) within a time frame to be fixed by this Court.

4. No prejudice will be caused if such a direction is issued. Accordingly, this Court directs the first respondent to pass final orders on merits and in accordance with law on the petitioner's application dated 22.02.2024, seeking for issuance of Export Obligation Discharge Certificate (EODC) within a period of eights weeks from the date of receipt of a copy of this order.

5. With the aforementioned directions, this writ petition is disposed of. No Costs.

28.02.2025 Index : Yes/No Speaking Order : Yes / No ab 3/4

ABDUL QUDDHOSE. J., ab To 1.The Assistant Director General of Foreign Trade, 5th Floor, Shastri Bhavan Annexe, No.26, Haddows Road, Chennai - 600 006.

2. The Joint Commissioner (EODC - Advance), Office of the Commissioner of Customs, Chennai IV Commissionerate, No.60, Rajaji Salai, Custom House, Chennai - 01.

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