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Judgment
Ld. Counsel for the appellant says that in respect of four advance licences, export obligation has been fulfilled and necessary applications have been
made to DGFT for issuance of certificate to that effect. Once such certificate is issued that shall reduce the litigation.
Taking above averment into consideration, the stay application is allowed and appeal is remanded to ld. adjudicating authority to examine the EOD
Certificate, if any, to be produced by appellant by 31.12.2014. Considering such certificate and hearing the appellant afresh, ld. Adjudicating Authority
shall pass appropriate order.
It is made clear that except above technical ground, we have not gone into the merits of the case. Therefore, all points on facts and law are open
for argument before ld. adjudicating authority.
It may be stated that the delay if any caused to produce the EOD certificate may not be viewed adversely in view of the difficulties stated by
appellant to be beyond its control.
In the result, both the stay petition and appeal are disposed. We are of the view that the hardship expressed by the appellant as above may be
mitigated if a copy of this order is forwarded to ld. DGFT for expeditious disposal of the matter, if any, pending before him.