METAL GOODS MFG CO Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners by the present petition impugns the order dated 27th June, 1986 passed by the Additional Controller of Imports and Exports and the order dated 11th August 1988 passed by the Appellate Committee.

(2.) At the hearing of this petition, on behalf of the petitioners, their learned counsel submits that the order is signed by the Under Secretary to the Government of India and not by all the members of the Committee and on this count itself the order is liable to be set aside.

(3.) We have heard the learned counsel for the petitioners and asked him to point out to us in the petition where the averment has been made that the decision is not by the Committee. Learned counsel was unable to show any averment in the petition. Learned counsel then submits that in para 19A of the additional affidavit dated 21st July, 2009, which submitted in the Court today, they have so pleaded. A perusal of the averments in the said affidavit, we do not find a plea that the decision was not taken by the members of the Committee. All that is set out is that the members have not signed it. If such a plea had been taken, the respondents could have produced the record. Learned counsel then submits that he may be permitted to amend the petition.