SAKETH INDIA LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellant herein has filed this appeal against the impugned order dated 21/09/2001 whereby the learned Single Judge has dismissed the writ petition filed by the appellant.

(2.) By the aforesaid writ petition, the appellant had challenged the order dated 3/08/1999 of the Appellate Committee, Ministry of Commerce passed in an appeal against an order dated 6/04/1998 passed by the Additional Director General of Foreign Trade(for short'Addl .DGFT'). It would be appropriate to scan through the relevant facts, in the first instance, which led to passing of the Aforesaid orders.

(3.) The appellant has a marble processing unit at Makrana and three independent 100 per cent export oriented units, processing and exporting cut and polished granite tiles and slabs at Bangalore, Hosur and Nalgonda. In respect of its Nalgonda unit at Andhra Pradesh a show cause notice dated 25/03/1996 was issued by the Addl.DGFT based on the report of the Development Commissioner, ZEP, Visakhapatnam that this unit made exports to the extent of Rs.73.02 lacs only as against an export obligation of Rs.30.42 crores. Ultimately, it resulted in an ex-parte adjudication order dated 6/04/1998 imposing fiscal penalty of Rs.50 lacs on the appellant. The appellant filed appeal on 12/05/1998 against the aforesaid order before the Appellate Committee. On a miscellaneous application filed in this appeal for stay of the impugned order of the Addl.DGFT, the Appellate Committee directed the appellant to furnish a Bank Guarantee of Rs.2,50,000.00 which was furnished on 3/08/1998. Thereafter, the appeal was heard and impugned order dated 3/08/1999 was passed dismissing the appeal. It is this order which was challenged by the appellant herein in the aforesaid writ petition.