Calcutta High Court (Appellete Side)
Rashmi Metaliks Ltd vs Union Of India & Ors on 25 June, 2015
Author: Biswanath Somadder
Bench: Biswanath Somadder
1
06
25.06.2015
pg.
WP 13282 (W) of 2015 Rashmi Metaliks Ltd.
Vs. Union of India & Ors.
Mr. Amitesh Banerjee Mr. Prabhat Srivastava Mr. Arif Ali ... For the petitioner Mr. Kausik Chanda, Ld. ASG Mr. Tarunjyoti Tewari ... For the Union of India Having heard the learned advocates for the parties and upon perusing the instant application, it appears that the subject matter of challenge in the instant writ petition is a suspension order dated 16th June, 2015, which appears to have been issued by the Deputy Director General of Foreign Trade, Kolkata, suspending the operation of the Importer and Exporter Code assigned to the writ petitioner till the penalty imposed upon the writ petitioner was recovered and the order of suspension revoked.
The genesis of the suspension order lies in an order dated 28th April, 2015, passed by the Deputy Director General of Foreign Trade. The said order is an appealable order under section 15(1)(b) of Foreign Trade (Development & Regulation) 2 Amendment Act, 2010. The statutory timeframe for preferring an appeal before the appellate authority appears to be 45 days from the date on which the order was served upon the concerned person. However, there is a provision under section 15(1)(b) of Foreign Trade (Development & Regulation) Amendment Act, 2010 which allows an appeal to be preferred within a further period of 30 days, provided the appellate authority was satisfied that the appellant was prevented by sufficient cause from preferring the appeal from the period of 45 days. This further period of 30 days is yet to expire.
In such circumstances, the writ petition is disposed of with a direction upon the Deputy Director General of Foreign Trade, Kolkata, being the authority who has issued the impugned suspension order dated 16th June, 2015, not to give effect to the same till such time the further period of 30 days, as stated under the proviso to section 15(1)(b) of Foreign Trade (Development & Regulation) Amendment Act, 2010, expires.
Urgent photostat certified copy of this order, if applied for, be given to the learned advocates for the parties.
(Biswanath Somadder, J.)