PRINCE INTERNATIONAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioner by this Writ Petition under Article 226 of the Constitution of India seeks the following reliefs :-

(2.) The only contention raised before us by Mr. Mehta appearing for the petitioners is that the petitioners are supposed to have been served with a show cause notice and thereafter an order-in-original in respect of the claim of drawback. This drawback amount is in respect of the export made under the shipping bills mentioned in the Annexure attached to the show cause notice. The allegation is that this has been wrongly availed of and therefore should be returned along with the requisite interest.

(3.) Mr. Mehta submits that there has been no record of any proceedings and the adjudication order itself which is reported to be enforced by the demand notices. The competent authority, namely, the Deputy Commissioner records that a copy of the show cause notice was sent at the address mentioned in the record, namely, on the petitioner Prince International, which is a partnership firm. It is not stated that the same has been served but it was left at the firm's office. This can never be a good service much less proof of the petitioners being served with the proceedings. It is such an adjudication order dated 23rd April, 2010 and passed ex parte which was sought to be enforced by the subject demand notice that the petitioners came to know of it being delivered. The petitioner immediately applied for information under the Right to Information Act, 2005 and was provided with this piece of information and a copy of the order.