AAR BEE EXPORTS Vs. UNION OF INDIA

JUDGEMENT

(1.) The petition impugns the order dated 4th December, 2007 of the Additional Director General of Foreign Trade dismissing the appeal preferred by the Petitioner.

(2.) This writ petition has been preferred after nearly four years of the order. The Petitioner has in para 47 of the petition referred to the order dated 4th December, 2007; thereafter in para 48, without stating that the order was not received by the Petitioner, it is stated that on 7th January, 2008, the Petitioner had requested the Appellate Authority to send all communications at the address of the Advocate; a perusal of the letter dated 7th January, 2008 does not show that the Petitioner / its Advocate had by the said letter asked for the order to be sent at the address given therein; rather it is the case of the Petitioner in paras 45 & 46 of the petition that hearing was granted by the Appellate Authority on 4th July, 2007, 27th August, 2007 and 15th October, 2007. The letter dated 7th January, 2008 even if believed to have been sent, appears to have been sent merely to raise a ground subsequently. The Petitioner thereafter claims to have remained quiet till 23rd March, 2011, when it appears that proceedings for recovery were initiated. Though it is claimed that the order dated 4th December, 2007 filed along with the writ petition was handed over thereafter to the Petitioner but there is No. proof of the same. Ordinarily, had the Petitioner not received the order dated 4th December, 2007, a letter enquiring about the fate of the appeal pursuant to the hearings aforesaid would have been written and / or a formal application for supplying the copy of the order would have been made. The explanation rendered for long delay in preferring the petition is thus found to be false. The petition is thus liable to be dismissed on principles of laches, acquiescence and waiver.

(3.) However, to satisfy the judicial conscience, the matter has also been examined on merits.