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2014 (3) TMI 170 - HC - FEMAIssue of notice at old address - principle of natural justice - proceedings under Foreign Exchange Regulation Act, 1973 imposing penalty of Rs. 50 lacs on each of the petitioners. - Held that:- though respondent no. 2 was aware as far back as 17th July, 2000 about the new address of petitioners (as is apparent from the summons issued to the petitioners by respondent no. 2 itself), yet on 20th August, 2002, it issued show cause notices to the petitioners at their old address. It is pertinent to mention that at the old address, the petitioners were not served and the service report states that they are no longer residing there. Consequently, this Court is of the opinion that in the present cases, there has been violation of principles of natural justice and the petitioners had no opportunity to defend themselves. Regarding alternate remedy available to petitioners - Held that:- alternative remedy is only a rule of prudence and not a statutory prohibition. It is settled law that when there is violation of principles of natural justice, a writ petition is certainly maintainable as held by the SC in In Whirlpool Corpn. Vs. Registrar of Trade Marks [1998 (10) TMI 510 - SUPREME COURT] - matter remanded back.
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