M/S K Kiran Tyres vs Union Of India on 20 August, 2019

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Karnataka High Court

M/S K Kiran Tyres vs Union Of India on 20 August, 2019

Bench: Alok Aradhe

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 20TH DAY OF AUGUST, 2019

                       BEFORE

       THE HON'BLE MR. JUSTICE ALOK ARADHE

     WRIT PETITION NO.24319/2019 (GM-RES)

BETWEEN:

M/s. K.KIRAN TYRES
REPRESENTED BY ITS PROPRIETOR
SHRI. NAVEEN H K
AGED 34 YEARS
GROUND FLOOR, NO.4 & 5
6TH CROSS, HAMZASAB GALLI
LALBAGH FORT ROAD
BENGALURU-560 004                     ... PETITIONER

       (By Sri. DEVAN PARIK, SENIOR COUNSEL FOR
           Sri. RAGHAVENDRA B.H, ADVOCATE)


AND:

1.     UNION OF INDIA
       REPRESENTED BY ITS SECRETARY
       MINISTRY OF COMMERCE AND INDUSTRY
       UDYOG BHAWAN
       NEW DELHI-110 107

2.     THE ADDITIONAL DIRECTOR
       GENERAL OF FOREIGN TRADE
       KENDRIYA SADAN
       6TH FLOOR, C & E WING
       17TH MAIN ROAD, KORAMANGALA
                             2

     2ND BLOCK
     BENGALURU-560 034                ... RESPONDENTS

      (By Sri. C.SHASHIKANTHA, ASG FOR R1 & R2)


     THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE IMPUGNED SHOW CAUSE NOTICE
DTD:26.4.2019 ISSUED BY R-2 [ANNEXURE-A] AND
THEREBY DIRECT R-2 TO WITHDRAW THE SUSPENSION
OF IEC CODE BEARING NO.0711031606.

    THIS   WRIT    PETITION COMING    ON    FOR
PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE
COURT MADE THE FOLLOWING:

                       ORDER

Sri Dewan Parik, learned Senior Counsel for Sri Raghavendra B.H, learned Counsel for the petitioner.

Sri C.Shashikantha, learned Additional Solicitor General for respondent Nos.1 and 2.

The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.

2. In this writ petition, petitioner inter alia praying for the following reliefs: 3

i) Issue a writ or order or direction in the nature of Certiorari by quashing the impugned show cause notice bearing File No.07/04/130/03306/AM12 dated 26.04.2019 issued by the respondent No.2 (Annexure 'A') ; and thereby

ii) Issue a writ or order or direction in the nature of Mandamus directing the Respondent No.2 to withdraw the suspension of IEC Code bearing No.0711031606.

3. When the matter was taken up today, learned Additional Solicitor General for the respondents submitted that the Online Suspension of Importer-Exporter Code Number has been revoked and is restored.

4. In view of the aforesaid submissions, learned senior counsel for the petitioner submitted that in response to the show cause notice dated 26.04.2019, the petitioner may be granted the liberty to file a reply within a period of two weeks from today.

5. It is needless to state that all the issues which are available to the parties in law are kept open.

With the aforesaid liberty, the petition is disposed of.

Sd/-

JUDGE cp*

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