- (1.) The petitioner No.1, a private limited company, engaged in the business of import and export, was served with a show-cause notice alleging non- fulfilment of export obligations. The petitioner by letter dated 15th February, 2005 prayed for time to submit formal reply and sought an opportunity to be heard in person. Thereafter, on 4th March, 2005 had replied to the notice to show-cause and prayed for personal hearing. However, on 27th April, 2005 the Joint Director General of Foreign Trade passed the order. Hence, the writ petition.
(2.) Earlier the writ petition came up for hearing on 9th August, 2005 when the following order was passed : - "To enable the Advocate for the respondent to obtain instruction why the impugned order dated April 27th, 2004 should not be set aside on the ground of violation of principles of natural justice and why the authority concerned should not be directed to give fresh decision in the matter after giving reasonable opportunity to the petitioners to present their case, hearing of the writ petition is adjourned for a fortnight. List it as "Court Application". Leave is granted to the petitioners to correct the pagination."
(3.) Today when the matter is taken up for hearing none appears on behalf of the respondents. Mr. J. P. Khaitan learned Senior Counsel appearing on behalf of the petitioners submits that the order impugned is ex facie bad on two counts-first, it does not deal with the reply to the notice to show- cause and secondly, though prayer was made for personal hearing, the order impugned was passed ignoring the request in violation of the provisions of Section 14 (b) of the Foreign Trade (Development and Regulation) Act, 1992 (for short "the Act").;