RAKHEJA ENTERPRISES Vs. UOI

JUDGEMENT

(1.) THE petition impugns the order dated 22nd August, 2006 of the Second Appellate Committee of the Ministry of Textiles, Government of India dismissing the Second Appeal preferred by the petitioner against the order dated 8th June, 2006 of the First Appellate Committee dismissing the First Appeal of the petitioner. THE First Appeal had been preferred against the speaking order dated 25th August, 2005 of the respondent No.2 Apparel Export Promotion Council (AEPC) imposing forfeiture of `20,12,418/- on the petitioner owing to non fulfillment by the petitioner of terms and conditions of quota allotment.

(2.) THE speaking order dated 25th August, 2005 of the respondent No.2 AEPC records that the petitioner failed to attend the personal hearing and / or to submit any reply to the show cause notice issued to it. THE amount to be forfeited was computed after taking into account the proof of shipment / documents / overall utilization as available on record.

(3.) THE counsel for the petitioner contends that the said amount has already been forfeited and received by the respondent No.2 AEPC. THE counsel for the respondent No.2 AEPC also confirms the said position.