M/S. PAHARPUR COOLING TOWERS LTD. Vs. UNION OF INDIA
LAWS(SC)-2021-7-11
SUPREME COURT OF INDIA
Decided on July 12,2021

M/S. Paharpur Cooling Towers Ltd. Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

MD.NIZAMUDDIN, J. - (1.) The Court : Heard learned Advocates appearing for the parties. The impugned order dated 02/05-08-2013 was issued by the Assistant Director General of Foreign Trade/respondent. In this writ petition, the petitioners have challenged the impugned order dated 02/05-08-2013 mainly on the ground that the order has been passed without giving an opportunity of hearing and the impugned order is non-speaking order.
(2.) Learned Advocate appearing for the respondents denies and disputes this allegation of the petitioners.
(3.) In my view, for this limited short disputed question of fact, this writ petition should not be kept pending. Considering the submission of parties and materials, the impugned order dated 02/05-08-2013 is set aside and remanded to the respondents with a direction upon them to consider afresh and dispose of the case of the petitioners by passing a reasoned and speaking order after giving an opportunity of hearing to the petitioners or their authorised representatives and after considering the reply to the show cause notice in question by 1st September, 2021. Upon getting notice of hearing, the petitioners shall file a copy of the reply to the show cause notice since the respondents are disputed that the reply to the show cause notice was not received.;


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