M/S. Margra Industries Ltd. & ... vs Union Of India & Others
2009 Latest Caselaw 3942 Del

30.
*     IN THE HIGH COURT OF DELHI AT NEW DELHI

+     W.P.(C) 9823-24/2006

      M/S MARGRA INDUSTRIES LTD & ANR.         ..... Petitioners
                     Through Mr. Priyadarshi Manish & Ms. Anjali
                     Manish, Advocates.

                    versus

      U.O.I & ORS                         ..... Respondents
                         Through Mr. A.D.N. Rao & Ms. Neelam Jain,
                         Advocates.

      CORAM:
      HON'BLE MR. JUSTICE SANJIV KHANNA


               ORDER

% 24.09.2009

1. The impugned order passed by the respondent dated 27th

November, 2002 is a non-speaking order. By the said order, the petitioner

has been declared a defaulter and all licencing branches have been

advised not to allow the petitioner and persons connected with the

petitioner to avail of CCS/licence of any category or any other benefit

under the Exim Policy in respect of licence No. P/CG 2117551 dated 17th

November, 1995. Learned counsel for the petitioner in this connection has

drawn my attention to the reply furnished by the petitioner dated 19th

December, 2001 stating that they had made exports worth Rs.20,11,151/-

with shipping bills where EPCG licence number was endorsed and exports

WPC NO.9823/2006 Page 1 worth Rs.46,60,423/- in which no endorsement was made. It is also

stated that the petitioner had filed certificate of export and realization.

2. It is also contention of the petitioner that they had asked for amendment of the licence vide letters dated 19th March, 1996 and 1st July, 1996 for deletion of the condition relating to past performance.

3. The impugned order does not deal with the said contentions.

However, in the counter affidavit the respondents have explained their

stand and decision with regard to both past performance and export

realisation. Counter affidavit goes beyond what is stated in the impugned

order dated 27th November, 2002. The impugned order dated 27th

November, 2002 has adverse civil consequences and the authority

concerned should have indicated and mentioned the reasons for passing of

the said order. The said order has been passed under the provisions of

Exim Policy read with provisions of Foreign Trade Development and

Regulation Act, 1992. In these circumstances, the impugned order dated

27th November, 2002 is set aside with the direction to the respondents to

pass a fresh speaking order dealing with the contentions raised by the

petitioner.

4. The petitioner will appear before the Joint Zonal Director General of

Foreign Trade on 21st October, 2009 at 2.30 p.m. along with all relevant

original papers. After hearing the petitioner on the said date or any other

convenient date, a fresh speaking order will be passed.

WPC NO.9823/2006 Page 2

5. It is clarified that this Court has not expressed any opinion on the

merits and the observations made in this order are tentative and will not

influence the respondents while passing the order on merits.

The writ petition is disposed of.

SANJIV KHANNA, J.

      SEPTEMBER 24, 2009
      VKR




WPC NO.9823/2006                                                    Page 3