- (1.) Leave granted.
(2.) Both the appeals involving common questions of law and fact were taken up for hearing together and are being disposed of by this common judgment.
(3.) We would, however, notice the fact involved in both the matters separately. FACT RE: M/S. ASIAN FOOD INDUSTRIES Respondent herein is exporter of various kinds of pulses and grains. It received orders for supply of 20331 MT of pulses from the Overseas Importers of Middle East wherefor several contracts were entered into. The said contracts were executed between 22.4.2006 and 2.05.2006. It received US $294942 being approximately 20% of the contract amount by way of advance towards the said supply from the importers on 9.5.2006. Shipment of 20 containers out of the 107 containers consisting of 415 MT took place during the period between 22.06.2006 and 24.06.2006. The remaining 87 containers were cleared and Let Export Orders dated 23.06.2006, 24.06.2006 and 26.06.2006 were issued by the custom authorities at Kandla Port. Bills of lading were also issued therefor.;