2003 (11) TMI 496 - HC - Customs

Summary

Issues: Allegation of lack of notice of hearing before Second Appellate Committee, rejection of second appeal, absence of opportunity for hearing, discrepancies in notice issuance, request for remand for fresh hearing.

In this case, the petitioner alleged that they were not notified about the hearing before the Second Appellate Committee regarding their second appeal against the order of the AEPC. The AEPC had forfeited a significant amount due to the petitioner's failure to meet export obligations. The first Appellate Authority upheld this decision despite the petitioner's invocation of the force majeure clause. The Second Appellate Committee ultimately rejected the second appeal, leading to the petitioner's grievance over the lack of a hearing opportunity before the order was passed.

The petitioner had not appeared for a scheduled hearing on 11-6-2003, as mentioned in the impugned order. However, upon scrutiny of the original file, it was revealed that notices for personal hearings were issued on different dates, with no notice issued for 11-6-2003. The petitioner had written a letter requesting a chance to present their case at the meeting on 14-7-2003, indicating awareness of the scheduled meeting. The petitioner argued that the absence of a specific notice for their case on that date led to their belief that no hearing was scheduled for them. The petitioner's letter submitted on 14-7-2003, although not reflected in the Second Appellate Committee's order, further highlighted the confusion regarding the notification of the hearing.

Given the discrepancies in the notice issuance and the ambiguity surrounding the petitioner's awareness of the hearing date, the Court found that the petitioner did not receive a fair opportunity for a hearing. Consequently, the Court directed a remand of the matter to the Second Appellate Committee for a fresh hearing after ensuring proper notice to the petitioner. The Second Appellate Committee was instructed to dispose of the appeal within three months from the date of the judgment. Ultimately, the writ petition was disposed of in light of these findings and directions.