TRIMEX MINERALS PRIVATE LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) IN W.P.No,4398 of 1998, the petitioner is a Private Limited Company. IN that writ petition, the challenge is to the order dated 27.1.1998 passed by the first respondent confirming the order of the second respondent dated 19.1.1996. The writ petition was admitted on 27.3.1998. An interim-stay for four weeks was granted on the condition that the petitioner furnishes bank guarantee to the extent of Rs.2 lakhs in favour of the second respondent within a period of two weeks. Thereafter on the petitioner furnishing a bank guarantee, the interim-stay was made absolute on 28.8.1998.

(2.) IN W.P.No.13814 of 1999, the petitioner challenges the order dated 20.3.1998 passed by the second respondent as well as the Appellate Committee's order of the third respondent dated 29.12.1998. IN this writ petition, notice of motion was ordered returnable by four weeks on 13.8.1999. On the application for interim stay, no orders were passed by this Court. It was merely directed to be posted along with main writ petition. Since both sides have agreed that these matters to be dealt with together, they were posted together and a common order is being passed.

(3.) AGGRIEVED by the said order of the Additional Director General of Foreign Trade, the petitioner filed an appeal to the appellate committee. The appellate committee gave a personal hearing on 21.1.1998. Thereafter by an order dated 27.1.1998, the imposition of penalty was confirmed and the appeal filed by the petitioner was dismissed. After the dismissal of the appeal, the Director General of Foreign Trade, New Delhi by a communication dated 18.3.1998 had called upon the petitioner to pay the penalty failing which they were threatened with Revenue Recovery Proceedings for releasing the penalty amounts. It was against these two orders, the first writ petition was filed.