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Showing contexts for: import export code in Directorate General Of Foreign Trade vs M/S Masumi Overseas Pvt Ltd on 2 September, 2015Matching Fragments
3. It was further urged by the respondent that certain disputes arose between the respondent and STC. It is the contention of the respondent that after 2009 STC has not cleared the dues of the respondent despite repeated requests. The respondent states that it invoked the arbitration clause as per the agreement. Different proceedings have been filed by both STC and the respondent before the Bombay High Court. The respondent had filed a petition seeking appointment of an Arbitrator. STC has filed summary suits for recovery against the respondent. It is urged that it was only in May 2014 that the respondent came to know that the respondent‟s Importer Exporter Code has been put in DEL category by the appellants vide communication/order dated 25.3.2011. This was apparently done on the basis of a written request/complaint dated 27.1.2011 of STC. The respondent claims that the order dated 25.3.2011 was never supplied to it and no opportunity whatsoever was given to the respondent to show cause. Hence, the writ petition was filed.
4. During pendency of the writ petition it appears that on 27.3.2015 the Additional Director General of Foreign Trade, Mumbai issued a Show Cause Notice to the respondent for having prima facie violated the provisions of The Foreign Trade (Development and Regulation) Act, 1992. The respondent was called upon to show cause why its Importer- Exporter Code No.(IEC) should not be cancelled with immediate effect.
5. Pursuant to receipt of the said Show Cause Notice dated 27.03.2015 the respondent has filed the present application under Order VI Rule 17 CPC seeking amendment in the prayer clause of the writ petition for the purpose of adding the Show Cause Notice dated 27.03.2015 in the order/communication sought to be impugned. Other connected amendments are also sought.
14. In the aforesaid factual matrix the Show Cause Notice seeks to cancel the Importer Exporter Code of the respondent.
15. A perusal of the application filed by the respondent for amendment shows that detailed amendments are now sought to be added to explain as to why the Show Cause Notice dated 27.3.2015 is erroneous and is liable to be quashed. The application seeks to amend or add number of paragraphs in the writ petition by the proposed amendment application. About 14 paras are sought to be amended and 17 paras added. About 25 new grounds are also sought to be added.