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Heard Mr.A.Thiyagarajan, the learned Senior Counsel appearing for the petitioners and Mr. Patty B. Jaganathan, the learned counsel for the respondent.

2. The petitioners are aggrieved by the orders passed by the respondent, dated 17.05.2006, which is a three line order, stating that the operation of the Importer-Exporter Code Numbers have been suspended by the respondent, as, some adverse remark reports have been received against the petitioners.

3. The petitioners challenged the impugned orders, by contending that, it is wholly in violation of the Foreign Trade (Development and Regulation) Act 1992. Pending disposal of the Writ Petitions, the petitioners sought for an order of interim injunction, and the Court passed a detailed interim order, dated 30.06.2006 whcih reads as follows :-

" In all these Petitions, the petitioners have obtained the importer-exporter code Numbers from the respondent. By the impugned orders, the code numbers were suspended on the ground that the respondent received some adverse report against the petitioners. My attention is drawn to Section 8 of the Foreign Trade Development and Regulation Act, 1992 relating to Suspension and cancellation of importer-exporter code numbers which reads as follows:

1) Where

a) any person has contravened any law relating to Central Excise or customs or foreign exchange or has committed any other economic offence under any other law fro the time being in force as may be specified by the Central Government by notification in the Official Gazette or

b) the Director General has reasons to believe that any person has made an export or import in a manner gravely prejudicial to the trade relations of India with any foreign country or to the intrests of the other persons engaged in imports or exports or has brought disrepute to the credit or the goods of the country.

But para 2 of sub section (b) reads as under:-

"The Director General may call for the record or any other information from that person and may, after giving to that person anotice in writing informing him of the grounds on which it is proposed to suspend or cancel the Importer-Exporter code Number and giving him a reasonable opportunity of making a representation in writing within such reasonable time as may be specified in the notice and, if that person so desires , of being heard, suspend for a period, as may bespecified in the order, or cancel the importer-Exporter Code Number granted to that person."

2. A plain reading of the said paragraph shows that though the power is conferred on the Director General to suspend the code numbers. However, before any order is passed , the person who is likely to be affected should be informed by notice in writing on the ground on which it is proposed to suspend or cancel the importer-exporter code numbers and also should be given a reasonable opportunity for making a representation in writing. There is no dispute that before the impugned orders are passed, the petitioners were not given the opportunity as contemplated in the above paragraph.