TMI Blog2013 (11) TMI 549X X X X Extracts X X X X X X X X Extracts X X X X ..... t of export obligation - JT. DGFT cancelled the petitioner’s Import Export Code No. 0488011868 but the same was not served on the petitioner and no opportunity was given to the petitioner before passing the impugned order - Held that:- Before passing the impugned order dated 4-4-2012, no opportunity was given to the petitioner and also copy of the order was not sent to them, which amounts to viola ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .P.S. Janarthana Raja, J. Shri V. Balasubramanian, for the Petitioner. Shri P. Mahadevan, SCCG and T. Chandrasekaran, for the Respondent. ORDER By consent of both parties, the main writ petition itself is taken up for final disposal at the admission stage. 2. The petitioner has filed the above writ petition seeking to issue a writ of certiorarified mandamus to call for the records ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for non-fulfilment of export obligation within the export obligation period and in pursuance of the said notice, the first respondent passed an order dated 17-10-2005. Later the petitioner has submitted the proof of fulfilment of their export obligation vide letter dated 21-10-2005 and 14-3-2006 along with necessary enclosures for cancellation of the obligation. Subsequently, the Clearing Agent of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iving opportunity of hearing to the petitioner and the copy of the said order is not served on them and through internet only the petitioner knew about the order. Therefore, the order of cancellation passed by the first respondent is not in accordance with law and the same has to be quashed. 5. The learned Senior Counsel for Customs, Excise and Service Tax appearing for the first respondent file ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the case and in the interest of justice, the impugned order dated 4-4-2012 passed by the first respondent is quashed with a direction to the first respondent to consider the matter afresh and pass order in accordance with law as expeditiously as possible, preferably, within a period of two weeks from the date of receipt of a copy of this order, after giving opportunity to the petitioner to sub ..... X X X X Extracts X X X X X X X X Extracts X X X X
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