JESSOP AND COMPANY LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal is arising out of a judgment and order of the learned single Judge of this Court dated 15th, May, 2009 by which the writ petition has been dismissed.

(2.) In the writ petition only point involved was that whether the writ petitioner is entitled to get a hearing before any order of suspension is passed under section 11(4) of the Foreign Trade (Development & Regulation) Act, 1992.

(3.) The short fact of the case is.that the appellants while carrying on business of import of certain goods enjoy the exemption benefits as.available under the said Act and Rules framed thereunder. It appears that there has been a breach of the terms and conditions of granting such benefits. As such, the penalty proceeding was initiated under the provision of section 14 of the said Act. Admittedly, in the penalty proceeding hearing was given and after hearing a sum of Rs.17,19,404/- was awarded as penalty to be paid by the appellants/petitioners.