Bombay High Court
Tara International vs Union Of India And 2 Ors on 26 October, 2018
Author: M. S. Sonak
Bench: M. S. Sanklecha, M. S. Sonak
Shridhar Sutar 1 23-wp-2375.18.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 2375 OF 2018
Tara International ... Petitioner
Versus
Union of India and others ... Respondents
.....
Mr. Chirag Shetty a/w Ms. Bhagyashri Bhawe i/b Economic Laws
Practice for the Petitioner.
Mr. Pradeep S. Jetly a/w Mr. Dharmesh Joshi for the
Respondents.
.....
CORAM : M. S. SANKLECHA &
M. S. SONAK, JJ.
DATE : 26th OCTOBER, 2018. P. C.:
1. At the request of the parties this petition is taken up for final disposal at the stage of admission.
2. This petition, under Article 226 of the Constitution of India challenges the order dated 20th December, 2017 passed by the Additional Director General of Foreign Trade. The impugned order has been passed under Section 15 of the Foreign Trade (Development & Regulation) Act, 1992.
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Shridhar Sutar 2 23-wp-2375.18.doc
3. The grievance of the petitioner is that the impugned order dated 20th December, 2017 is in breach of the principles of natural justice. This is for the reason that the submissions raised and the case law relied upon by the petitioner in support of its case have not been considered by the Appellate authority while dismissing the appeal. Thus a non speaking order.
4. The petitioner in its written submission dated 18th July, 2017 have besides making submission on merits made an alternative submission that even if there has been a breach, the same was a merely procedural lapse and penalty in such facts would not be justified. In support of the above submissions various decisions of Courts including that of the Apex Court were also relied upon. The impugned order dated 20th December, 2017 disposes of the same by recording as under:-
"After going through the adjoudiation order as well as the documents available on record and after due application of mind I find that the appellant has not been submitted that MODVAT certificates duly signed and authenticated by the Central Excise Authorities required as per policy Circular No. 79 dated 2.1.2006. Appellant failed and neglected to comply with Policy Circular No. 79 dated 2.1.2006."
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5. From the above, it is evident that the submissions of the petitioner made in support of its case have not been considered while disposing of the Appeal. Thus, leading to a flaw in the decision making process.
6. In the above circumstances, the impugned order dated 20 th December, 2017 is quashed and set aside. The petitioner's appeal to the Additional Director General of Foreign Trade - Respondent No.3 is restored to his file for disposal in accordance with law after following the principles of natural justice.
7. Petition is thus disposed of in above terms. All contentions are kept open.
( M. S. SONAK, J. ) ( M. S. SANKLECHA, J. )
Digitally signed by
Shridhar Shridhar Marutirao
Marutirao Sutar
Date: 2018.10.30
Sutar 17:59:59 +0530
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