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2015 (9) TMI 143 - HC - CustomsSuspension/Cancellation of License to undertake foreign trade activity - power of DGFT – Issuance of Show cause notice - Petitioner alleged that show cause notice was issued then, there was no need or necessity for passing suspension order that too without giving reasonable opportunity of being heard, such being contrary to section 9(4) and principles of natural justice – Held that:- show cause notice was issued and Petitioner was called for personal hearing – If authority was of opinion that explanation given on record was inadequate and that certificate was renewed by collusion or by perpetrating fraud, no basis found for suspension order – Nothing, in suspension order, which would hold that some situation which required immediate and emergent attention had taken place – If authority suspended licence, it must make order in writing that must indicate some application of mind and relevant material – There was absolutely no material in order of suspension –Mere pendency of cancellation proceedings without anything could not be foundation for such order – Impugned order quashed and set aside – Petitioner to co-operate with authority in early conclusion of proceedings initiated pursuant to show cause notice – Decided in favour of Petitioner.
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