Union Of India vs M/S Arvind Cotspin (Division Of Arvind ... on 15 November, 2022
11. For what has been discussed and held hereinabove, the question
as to whether the Development Commissioner could have reviewed his
own order need not detain us, particularly when on the facts of the
present case, we are satisfied that the impugned orders dated 08.06.2009
and 08.09.2010 cannot be sustained on merits. The High Court has, of
course, essentially set aside the order impugned as passed by the
Development Commissioner for want of power of review while relying on
its own decision in the case of Hanil Era (supra), wherein it was held that
without the statute having conferred any such power, the order earlier
passed could not have been reviewed. However, it is noticed that the said
decision of the High Court was examined by this Court in the judgment
dated 03.10.2013 in Civil Appeal No. 8966 of 2012 [arising out of SLP(C)
No. 647 of 2012], wherein, while leaving aside the question of power of
review, this Court permitted the Ministry of Commerce and Industry to
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issue appropriate show cause notice. In the present case, as aforesaid,
when the orders impugned are not being sustained on merits, we would
leave this question open to be examined in an appropriate case.