UNION OF INDIA Vs. PREMIER LIMITED

JUDGEMENT

(1.) This appeal is filed by the Union of India against the final judgment and order dated 13.07.2006 passed by the High Court of Judicature at Bombay in Writ Petition Nos. 1567 of 2005, 2780, 2781 & 2782 of 2004 wherein the High Court allowed the writ petitions and quashed the orders passed by the Special Director (Appeals).

(2.) The controversy involved in this appeal is short. However, in order to appreciate the same, few undisputed facts need mention hereinbelow.

(3.) On 01.05.1991, a memorandum to show cause notice was issued by the Special Director to respondent Nos. 2, 3 and 4, namely, M/s Godrej Industries Ltd. [formerly known as Godrej Soaps Ltd. (R-2)] and its two Directors (R-3 and R-4) for allegedly committing contravention of Sections 9 (1) (a), 9(1)(c) and Section 16(1) of the Foreign Exchange Regulation Act, 1973 (hereinafter referred to as "FERA") in respect of imports and exports of certain commodities made with two foreign parties, viz., M/s Fingrain, S.A., Geneva and M/s Continental Grain Export Corporation, New York during the year 1977-78.