UNION OF INDIA Vs. AJANTA TUBES LIMITED

JUDGEMENT

(1.) This Letters Patent Appeal is directed against the judgment of the learned Single Judge in Civil Writ No. 2564/84 dated October 27, 1987. The learned Single Judge disposed of two other writ petitions bearing No. 1537/85 and 2169/85 as common questions were involved In all these petitions with regard 'to the applicability of Clause 6 of Imports (Control) Order, 1955 (herein-after referred to as the Order). The challenge in all the petitions related to the debarment order dated 17.2.1984 read with debaring circular dated 2.3.1984 and the consequential letters issued by the appellants herein.

(2.) The brief facts relating to the matter in controversy are already referred to in the judgment of the learned Single Judge and it will suffice to state that M/s. Jain Sudb Vanaspati Co. Ltd. imported certain amount of Beef Tallow. A show cause notice dated 14.11.1983 was issued to the said Company. The operative portion of the said show cause notice may be reproduced as follows :-

(3.) The Deputy Chief Controller of Imports & Exports passed an order on 17.2.1984 debarring M/s. Jain Sudh Vanaspati Co. Ltd, and its 9 directors from importing any goods and from receiving import licences/ CCPs and allotment of imported goods through S.T.C, M.M.T.C. and other similar agencies. The order also mentioned that the provisions of Clause 6 (d) (dd) and (e) of the Imports (Control) Order will also be applicable to this case. It was further stayed that in case M/s. Jain Sudh Vanaspati Co. Ltd. and the directors were not satisfied with the above debarment order, they might file an appeal under Clause 10 (2) of the Order to the Competent Authority i.e. Addl. Chief Controller of Imports & Exports, Udyog Bhawan, New Delhi, within 45 days from the date of communication of the order.