NELLIMARLA JUTE MILLS CO LTD Vs. ZONAL DIRECTOR GENERAL OF FOREIGN TRADE
LAWS(CAL)-2004-6-73
HIGH COURT OF CALCUTTA
Decided on June 18,2004

NELLIMARLA JUTE MILLS CO LTD Appellant
VERSUS
ZONAL DIRECTOR GENERAL OF FOREIGN TRADE Respondents

JUDGEMENT

- (1.) By this writ application, the petitioner, the holder of an advance license under para 111 of Handbook of Procedure, 1992-97 has challenged an order passed by the adjudicating authority in exercise of power conferred under section 14 of the Foreign Trade (Development and Regulation) Act, 1992, (hereinafter referred to as the Act) thereby imposing a penalty of Rs. 8,10,63, 820/-.
(2.) The following facts are not in dispute: a) The petitioner was served with a notice to show cause under section 11 of the Act asking it to justify why action should not be taken for not complying with the obligations of export imposed under the conditions of the advance license. b) In spite of receiving such notice, the petitioner did not answer nor did the petitioner demand any opportunity of hearing. The respondent authority suo motu extended the time to answer the show cause but the petitioner did not avail of the opportunity. Ultimately, the respondent ex parte passed the order impugned after finding the petitioner guilty of violation of the terms of the license.
(3.) Being dissatisfied, the petitioner has come up with this application.;


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