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2009 (5) TMI 500 - CALCUTTA HIGH COURTViolation of export and import code- The petitioner was previously a Government of India Undertaking and after the process of disinvestment it is now controlled by its management. The petitioner is engaged in the business of manufacture and sale of E.M.U coaches, wagons, heavy cranes, etc. and in course of its business undertakes both import and export activities. For the purpose of such activity on 20th June, 1990 the petitioner was allotted an Import-Export Code bearing no. 0290000211 (for short “I.E.C”). In the usual course of business the petitioner is required to import components and parts for E.M.U. coaches, cranes, wagons etc. The agent of the petitioner filed necessary documents with the customs authorities for its release. On 23rd/24th February, 2009 the agent of the petitioner was informed that the import could not be completed as the I.E.C. was not functioning. On 25th and 26th February, 2009 the agent of the petitioner informed the petitioner that I.E.C. of the petitioner had been suspended by the respondent authorities. Since due to non-release of the goods the petitioner was severely prejudiced and as the particulars could not be provided by the agent, in the first week of March, 2009 the petitioner made enquiries with the authorities, but without any effect. On 18th March, 2009 a letter demanding justice was issued, but it went unheeded. Aggrieved, the writ petition was filed. In the light of the various decisions held that- Hence, as the petitioner gave an undertaking, was given opportunity to represent, knew about the statutory consequences of non-payment of penalty and as suspension is consequential and in view of the provisions contained in Section 11(4), no further opportunity to represent or hearing is required before an order of suspension under the Act is passed. Therefore, the writ petition is dismissed.
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