The Agreement

The agreement, 'The agreement' occurring in the phrase must mean the agreement with a foreign buyer and not the agreement with a local party containing a covenant to export. Secondly, and more importantly, the user of the definite article 'the' before the word 'agreement' is, in our view, very significant. Parliament has not said 'an agreement' or 'any agreement' for or in relation to such export and in the context the expression 'the agreement' would refer to that agreement which is implicit in the sale occasioning the export, Consolidated Coffee Ltd. v. Coffe Board, AIR 1980 SC 1468 (1482): (1980) 3 SCC 358: (1980) 3 SCR 625