Calcutta High Court (Appellete Side)
No.18 (M/S. Nivedita Exports vs Director General Of Foreign Trade & ... on 13 July, 2017
Author: Debangsu Basak
Bench: Debangsu Basak
1
W. P. 16958 (W) OF 2017
13.07.2017
g
. No.18 (M/s. Nivedita Exports -vs- Director General of Foreign Trade & Ors.)
ourt no.13
Mr. Jayanta Samanta - for the Petitioner
Ms. D. Roy
Mr. Siddhartha Banerjee - for Union of India
The petitioner seeks release of Import Export Code suspended by the authorities.
The learned advocate for the petitioner submits that, a show cause notice dated
March 10, 2017 issued to the petitioner was despatched on March 27, 2017. He refers
to the pleading at paragraph 9 of the writ petition and submits that, Import Export Code
was suspended on March 12, 2017. He submits that, therefore, the code was suspended
prior to the despatch of the show cause notice. Consequently, the proceeding for
suspension should be quashed and the Code should be restored.
The learned advocate for the respondents submits that, the suspension order was
issued on April 8, 2017 after finding that the petitioner did not reply to the show cause notice.
I have considered the rival contentions of the parties and the materials made available on record.
The department had issued a show-cause notice dated March 10, 2017 against the petitioner. The same was despatched on March 27, 2017. The petitioner had received it. The petitioner did not reply thereto. The department had thereafter proceeded to suspend the Import Export Code by a writing dated April 18, 2017 finding that, the petitioner did not respond to the show cause notice. It is the contention of the 2 department that the suspension notice could not be served upon the petitioner due to the petitioner not being available at the recorded address.
Since the petitioner did not reply to the show cause notice, the department was correct in taking the next step of suspending the Import Export Code as contained in the writing dated April 18, 2017. Averments in the writ petition that, the suspension was made on March 12, 2017 is without any basis.
I such circumstances, I find no reason to interfere in the present writ petition, except permitting the petitioner to reply to the show cause notice within seven days from date. In the event, such reply is submitted, the authority will consider and decide the show cause notice dated March 10, 2017 and the reply thereto, if any, in accordance with law as expeditiously as possible.
W. P. No. 16958 (W) of 2017 is disposed of without any order as to costs. Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.
(Debangsu Basak, J.)