S.K. Chakraborty, J. - (1.) In this writ petition the petitioner, International Industrial Gases Limited has sought for a direction upon the respondent No. 2, Export Credit Guarantee Corporation of India Limited and/or its authorised officers and/or each of them to delete the name of the petitioner from the Specific Approval List published by them without reasonable cause and opportunity of being heard in violation of the principles of natural justice.
(2.) The petitioner contends that it is a limited company engaged in export and import of different industrial gases and industrial generators. In course of its business it got some orders for export of one Acetylene Plant/ Generator to Baharain for which he obtained a letter of credit being No. 06110089 dated 26.10.2006 for an amount of US $ 91117.60 opened with the National Bank of Baharain through Canara Bank, Mumbai and advised through Allahabad Bank. On the basis of such letter of credit the respondent No. 4, The Chief Manager, Allahabad Bank, Alipore Branch issued a bank guarantee being No. 1BC/FBG/03/07 dated 02.02.2007 for an amount of US $ 22779.40 against advance payment made by the customer. In terms of the aforesaid export agreement and the letter of credit, the shipment of the plant had to be ready by 30th April, 2007 and accordingly the petitioner took all necessary steps but due to severe cash crunch from the first week of April, 2007 they ran short of fund to the extent of Rs. 15,00,000/ - only. Therefore, the petitioner approached the respondent No. 4 being its banker to arrange an export packing credit assistance of Rs. 15,00,000/ - only. In response the respondent No. 4 has intimated in their letter being reference No. AL1/ADV/11GL/07 -08 dated 17.04.2007 that the name of the petitioner along with some other companies allegedly associates of the petitioner are appearing in the Specific Approval List of respondent No. 2, Export Credit Guarantee Corporation of India Limited as on 31.07.2006 and so asked them to show reasons for inclusion of the petitioner's name in the said Specific Approval List.
(3.) On enquiry the petitioner came to know that the name of the petitioner was identified as a guarantor of its sister concern, respondent No. 6, Silchar Industrial Gases Ltd. On further enquiry it was revealed that the said respondent No. 6 with whom the petitioner had no business transaction at any point of time has failed to liquidate the outstanding amount of the export packing credit loan granted to it in 1990 resulting in inclusion of its name along with the petitioner as a sister concern in the Specific Approval List. However, in their communication dated 23rd May, 2007 the petitioner furnished the factual matrix relating to the payment schedule to the respondent No. 3.;