BADAR DURREZ AHMED, J

( 1 ) THE petitioner who is a proprietor of Mahajan and Co. a sole proprietorship concern is involved in the export of garments. The petitioner obtained a revalidated quota for export of garments for the year 1994. The question involved in the present petition relates to the forfeiture of the amount of Rs. 74,111. 00 on account of the non-fulfilment of its export obligation under the policy. The original forfeiture amount was Rs. 1,26,556. 00.

( 2 ) THE petitioner claimed that on 23. 12. 1994 a theft took place in his factory premises as a result of which the entire quota could not be shipped before the due date, i. e. 31. 12. 1994. The petitioner was aggrieved by the Speaking Order passed by the AEPC whereby the forfeiture was made. He filed an appeal before the Textile Commissioner before which he sought the invocation of the force majeure condition as spelt out under paragraph 15 of the Notification dated 4. 9. 1993 under the Garment Export Entitlement Policy. The petitioner sought the invocation of the force majeure condition on two grounds, i. e. , because of theft in the factory and some labour problems. However, the first appellate order records that no

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