8. The learned counsel appearing for the respondents submitted that under the scheme of rehabilitation of Karnataka Biotics, there was no clause granting a waiver of penalty which could be imposed on the ground of non-fulfilment of export obligation under the license. Learned counsel submitted that there was a contravention of the terms of the licence, and therefore, the respondents were well within their powers to impose the penalty. Learned senior counsel appearing for the Civil Appeal @ SLP(C) 4974 of 2021 Page 4 of 8appellant relied upon various decisions of the High Courts of Gujarat and Delhi to support his contentions. CONSIDERATION OF SUBMISSIONS 9. At the outset, we may note that the first error committed by the Division Bench and learned Single Judge was by recording a finding that the first Writ Petition filed by Karnataka Biotics was withdrawn without seeking a liberty to file a fresh Writ Petition. We may note here that on 9th February 2007, the first Writ Petition was