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17. Under Regulation 3(1) of the Foreign Exchange Management (Export of Goods and Services) Regulation, 2000 a declaration is mandatory on part of the exporter of the Forex Bank through whom export proceeds in foreign currency is to be realized. The writ petitioner declared HDFC Bank Limited having its office at Hindustan Times House, 18-20 K.G. Marg, New Delhi is the notified Forex Bank. The department had also issued necessary Import-Export Code Certificate to the petitioner. It appears from the letter dated 10th August, 2001 that the aforesaid notified Bank has unequivocally stated that it has not handled any export document nor has realized any export proceeds in respect of the petitioner's Code. Therefore, admitted position is that the export proceeds have not been realized by the petitioner as yet. Under these circumstances, in my view, though the petitioner has been able to collect drawback in respect of the certain alleged export and the same has been kept in the aforesaid bank account but the said amount cannot be said to be belonged to the petitioner and this position under the law will be clear from the second proviso of Sub-section (1) of Section 75 of the said Act which provides as follows :-