TMI Blog2017 (9) TMI 685X X X X Extracts X X X X X X X X Extracts X X X X ..... he impugned orders are passed, the petitioners were not given the opportunity. The petitioners does not have any information as to what transpired after the above interim order, whether any enquiry was conducted or investigation was completed - For all these years, no counter affidavit has been filed by the respondent/Department, and therefore, the impugned order cannot be given effect to at this juncture, having been kept in abeyance from 2006 - petition allowed - decided in favor of petitioner. - Writ Petition Nos.16408 to 16411 of 2006 - - - Dated:- 1-8-2017 - T. S. Sivagnanam, J. For Petitioner : Mr. A. Thiyagarajan, for Mr. S. Ramesh Kumar For Respondent : Mr.Patty B. Jaganathan ORDER Heard Mr.A.Thiyagarajan, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the Official Gazette or b) the Director General has reasons to believe that any person has made an export or import in a manner gravely prejudicial to the trade relations of India with any foreign country or to the intrests of the other persons engaged in imports or exports or has brought disrepute to the credit or the goods of the country. But para 2 of sub section (b) reads as under:- The Director General may call for the record or any other information from that person and may, after giving to that person anotice in writing informing him of the grounds on which it is proposed to suspend or cancel the Importer-Exporter code Number and giving him a reasonable opportunity of making a representation in writing within such ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... notice and also by way of personal hearing before any orders are passed to suspend or cancel their IEC numbers permanently. 4. I have given my consideration to the above submissions. Insofar as the power under Section 8 of the Act is concerned, even for a temporary suspension, the beneficiary of the code number should be afforded an opportunity as contemplated under para 2 of Section 8 (b) of the Act. Admittedly, such opportunity was not given and on the sole ground that the impugned order cannot be sustained. Nevertheless, considering the serious complaint against the petitioners, the respondent also must be given opportunity to proceed further as per law especially when the interrogation is pending. 5. Hence, there will be an i ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
