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2016 (12) TMI 13 - BOMBAY HIGH COURT

2016 (12) TMI 13 - BOMBAY HIGH COURT - TMI - Validity of an order on a showcause notice against the Petitioners passed by Joint Director General of Foreign Trade - Held that: - the Respondents admit that the show cause notice issued on 9th July, 2010 could not be adjudicated till 2015 for some reason or other. The Petitioners have already submitted their reply to the show cause notice. Once it was decided to take it up for adjudication only in the year 2015, then, interests of justice demanded t .....

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th June, 2015 was never received, we do not wish to enter into that controversy. As we have noted that the show cause notice remained pending for nearly five years, if one more opportunity had been extended and granted, nothing was lost. In such circumstances, without entering into the merits, we quash and set aside the impugned order. - It is quashed and set aside only on the ground that the Petitioners were not granted an opportunity of personal hearing. Now, the Petitioners have agreed to .....

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lla, JJ. Mr. Prakash Shah a/w Ms. Neha Ahuja, Mr. Jas Sanghavi i/b Yogesh Rohira,for the Petitioners. Mr. Pradeep S. Jetly a/w Smt Neeta V. Masurkar and Pratik Sexaria,for the Respondents. ORDER P. C. The Joint Director General of Foreign Trade has passed an order on a showcause notice against the Petitioners. That is impugned in the Writ Petition directly and when we were disinclined to entertain it since there is alternate, efficacious remedy of Appeal under Section 15 of the Foreign Trade (De .....

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ersonal hearing was issued but there is no record of same being received. The ground on which the authority proceeded exparte appears to be a communication from the Ministry of Finance, Government of India, Directorate of Revenue Intelligence, copy of which is annexed as Exhibit-I page 65 to the affidavit in reply. 3 Mr. Jetly appearing on behalf of the Respondents supports the impugned order by contending that ample opportunities were given to remain present but the Petitioners did not avail of .....

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