Gujarat High Court
M/S Ambika Creation Through Proprietor ... vs Additional Director General on 16 February, 2021
Author: J.B.Pardiwala
Bench: J.B.Pardiwala, Ilesh J. Vora
C/SCA/16144/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 16144 of 2020
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M/S AMBIKA CREATION THROUGH PROPRIETOR ANIL GUPTA
Versus
ADDITIONAL DIRECTOR GENERAL
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Appearance:
MR.AVINASH PODDAR(9761) for the Petitioner(s) No. 1
for the Respondent(s) No. 2,3,4,5,6
MR TRUPESH KATHIRIA, AGP ADVANCE COPY SERVED TO
GOVERNMENT PLEADER/PP(99) for the Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE J.B.PARDIWALA
and
HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 16/02/2021
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE J.B.PARDIWALA)
1. By this writapplication under Article226 of the Constitution of India, the writapplicant has prayed for the following reliefs: 48(a) To issue writ of or in the nature of a mandamus or any other appropriate writ, order or direction to respondent no.1, respondent no.2 and respondent no.3 to initiate the proceedings in time bound manner;
(b) To issue writ of or in the nature of a mandamus or any other appropriate writ, order or direction directing respondent no.6 to remove the Import Export Code placed under the Denied Entity List of Directorate General of Foreign Trade.
Or Alternatively To issue writ of or in the nature of a mandamus or any other appropriate writ, order or direction directing respondent no.6 to complete the investigation and determine the genuineness of the petitioner in time bound manner.
Page 1 of 3 Downloaded on : Wed Jan 12 09:47:14 IST 2022 C/SCA/16144/2020 ORDER(c) Pending admission, hearing and till final disposal of this petition, be pleased (A) to direct the Respondent No.1, 2 and 3 from resorting to any coercive measure against the petitioner;
(B) to direct Respondent No.6 to remove IEC from denied list and allow the petitioner to conduct his business under 100% verification by the appropriate authorities.
(d) To award Costs of an incidental to this application be paid by the Respondents.
2. We have heard Mr. Avinash Poddar, the learned counsel appearing for the writapplicant. Mr. Poddar has invited our attention to a representation dated 26th September 2020 addressed by the writ applicant to the Joint Director General, DGGI, Zonal Unit Ahmedabad, Ahmedabad.
3. Our attention has also been drawn to one more representation dated 5th November, 2020 at AnnexureQ; Page68 to this writ application and has been addressed to the Joint Director General of Foreign Trade, Surat. A copy of which has been forwarded to the Director General of Foreign Trade, New Delhi and Additional Director General, Surat.
4. We dispose of this writapplication with a direction to the Joint Director General, DGGI, Zonal Unit Ahmedabad, Ahmedabad to immediately look into the representation dated 26th September 2020; AnnexureJ; Page46 to this writapplication and take an appropriate decision in accordance with law with a period of four weeks from the date of the receipt of this order. We also direct the Joint Director General of Foreign Trade, Surat to look into the representation dated 5th November, 2020 at AnnexureQ; Page68 and take an appropriate Page 2 of 3 Downloaded on : Wed Jan 12 09:47:14 IST 2022 C/SCA/16144/2020 ORDER decision in accordance with law with a period of four weeks from the date of the receipt of this order.
5. With the aforesaid, this writapplication is disposed of. We clarify that we have even otherwise not expressed any opinion on the merits of the case.
(J. B. PARDIWALA, J) (ILESH J. VORA,J) A. B. VAGHELA Page 3 of 3 Downloaded on : Wed Jan 12 09:47:14 IST 2022