NAYASA EXPORTS PVT. LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) The Joint Director General of Foreign Trade has passed an order on a show cause notice against the petitioners. That is impugned in the writ petition directly and when we were disinclined to entertain it since there is alternate, efficacious remedy of appeal under Section 15 of the Foreign Trade (Development and Regulation) Act, 1992.

(2.) Mr. Shah appearing on behalf of the petitioners submitted that in a show cause notice dated 9th July, 2010 and when the same was not adjudicated up to 2015, nothing was lost if an opportunity had been given to the petitioners to appear in-person and show cause. There was a detailed reply given but on the date fixed for hearing the petitioners could not remain present, as an advocate engaged by them was out of town. The authority claims that second notice of personal hearing was issued but there is no record of same being received. The ground on which the authority proceeded ex parte appears to be a communication from the Ministry of Finance, Government of India, Directorate of Revenue Intelligence, copy of which is annexed as Exhibit-I page 65 to the affidavit in reply.

(3.) Mr. Jetly appearing on behalf of the respondents supports the impugned order by contending that ample opportunities were given to remain present but the petitioners did not avail of the same. In the absence of real prejudice the petitioners cannot be granted a further opportunity and on that ground the impugned order does not get vitiated. Hence, it should not be set aside.