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2017 (4) TMI 202 - BOMBAY HIGH COURTChallenge to the issuance of Show Cause notice - Validity of public notices - Held that: - The petitioners have narrated the nature of their activities. They have also highlighted the role if they play at the port. They clarify that the Act applies only to those, who import the goods and desire to clear them either for export or for home consumption. If the petitioners contend that their business, their activities would not bring them within the purview of the Act of 1962, then, we do not see how by mere issuance of the SCN and addressed to them are they precluded from raising this challenge. Even if they are summoned, they can submit a written defence or, as styled in the SCN, a written statement of defence raising therein all contentions and without prejudice to the same, appear before the adjudicating authority. An opportunity of personal hearing will be given to the petitioners, at which, they or their representative can specifically argue these points and raise the above contentions. Once these clarifications have come from the authorities themselves and the learned Additional Solicitor General assures the court that no recoveries will be effected pending adjudication, then, all the more, we need not entertain these petitions. Petition allowed by way of remand.
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