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2016 (1) TMI 417 - BOMBAY HIGH COURT

2016 (1) TMI 417 - BOMBAY HIGH COURT - 2015 (325) E.L.T. 493 (Bom.) - Disposal of SCN without adjudicating on payment of sum by the petitioner - In the Writ petition, a direction is sought to validate the SFIS scrip availed by the petitioners and to refund a sum of ₹ 89,95,627/- as deposited by the petitioners alongwith interest - Held that:- The show cause notice dated 27th March 2008 shows that the Respondents and particularly the Director General of Foreign Trade claims certain amounts. .....

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ry of Commerce, Union of India to give a personal hearing to the petitioners on the two show cause notices dated 27th March 2008 and pas a reasoned order thereon as expeditiously as possible and within a period of four months from the date of receipt of copy of this order. - Writ Petition No. 4832 of 2014 - Dated:- 28-9-2015 - S.C. Dharmadhikari and B.P. Colabawalla, JJ. Shri Prakash Shah with Jas Sanghavi i/b. M/s. PDS Legal, for the Petitioner. Shri B.M. Chaterjee, Sr. Counsel with Mrs. Neeta .....

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scrip availed by the petitioners and to refund a sum of ₹ 89,95,627/- as deposited by the petitioners alongwith interest. 2. Mr. Shah, learned counsel appearing on behalf of the petitioners has raised several contentions but eventually brought to our notice a Division Bench judgment of this Court to which one of us (S.C. Dharmadhikari, J.) was a party in Writ Petition No. 33 of 2015 and connected matters decided on 17th August 2015. 3. Mr. Shah would submit that there are severa .....

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g any sums. 5. Mr. Shah would submit that the benefit of all this can be obtained only if the Director General of Foreign Trade adjudicates and decides a notice to show cause (copy of which has been annexed to this Petition at pages 57 and 68 of the paper book). The show cause notices are dated 27th March 2008 and they are yet not adjudicated by the Competent Authority. 6. Mrs. Masurkar, learned counsel appearing on behalf of Respondent Nos. 1 to 4 invited our attention to the affidavi .....

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. 7. After having heard both sides, we are of the view that the only relief that can be granted in this Writ Petition is a direction to the Competent authority to pass an order on the two show cause notices. If the show cause notices have to be adjudicated and an order passed in accordance with law thereon, then it is no justification that moneys have been allegedly voluntarily paid and the issue has been closed. The Respondent No. 4 relies upon the fact that the petitioners were communicat .....

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