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2015 (9) TMI 195 - HC - CustomsAmendments to petition Cancellation of Importer-Exporter Code no. Certain disputes arose between respondent and STC STC filed summary suits for recovery against respondent against which petition was filed Meanwhile Addl. DGFT issued Show Cause Notice to respondent for having prima facie violated provisions of Foreign Trade (Development and Regulation) Act, 1992 and was called upon to show cause why its Importer- Exporter Code No.(IEC) should not be cancelled Pursuant to which respondent sought amendment in prayer clause of petition for adding Show Cause Notice which was allowed Held that - clear by proposed amendment that nature of petition gets substantially and materially altered and changed from original writ petition Amendments which seek to add entirely new cause of actions which virtually amount to substitution of new plaint or new cause of action in place of what was originally there, would normally be refused by Court Hence, principles regarding amendment of pleadings as provided in CPC would be guiding factor while adjudicating applications for amendment in writ petition Amendment now sought by respondent has effect of changing entire writ petition substantially New facts and issues are being added to petition Amended petition would virtually tantamount to substitution of altogether new case when compared to original case It is appropriate that respondent challenges Show Cause Notice in different proceedings and not mix up facts and submissions Appeal allowed.
Issues Involved:
1. Amendment of the writ petition under Order VI Rule 17 CPC. 2. Jurisdictional challenge regarding the Show Cause Notice. 3. Principles of natural justice and procedural fairness. 4. Impact of amendment on the nature of the writ petition. Issue-wise Detailed Analysis: 1. Amendment of the writ petition under Order VI Rule 17 CPC: The respondent sought to amend the writ petition to include a Show Cause Notice dated 27.03.2015, issued by the Additional Director General of Foreign Trade, Mumbai. The original writ petition challenged the communication/order dated 25.03.2011, placing the respondent on the Denied Entity List (DEL). The amendment aimed to add the Show Cause Notice to the list of impugned documents. 2. Jurisdictional challenge regarding the Show Cause Notice: The appellant argued that the amendment application was mischievous and an abuse of the process of the Court. The Show Cause Notice was issued by the Bombay office, and any challenge to it should be filed before the Bombay High Court. The appellant contended that the respondent was trying to circumvent the jurisdictional issue by seeking the amendment. 3. Principles of natural justice and procedural fairness: The original writ petition claimed that the respondent was placed on the DEL without any Show Cause Notice or opportunity for a personal hearing, violating principles of natural justice. The respondent argued that the Show Cause Notice dated 27.03.2015 was based on the same set of facts as the earlier impugned order and should be included in the writ petition. 4. Impact of amendment on the nature of the writ petition: The court noted that the proposed amendment would substantially and materially alter the nature of the writ petition. The original relief sought was to set aside the communication/order dated 25.03.2011. The amendment sought to add new facts, issues, and grounds, effectively substituting an altogether new case. The court referred to legal precedents, including Ganesh Trading Co. Vs. Moji Ram, AIR 1978 SC 484, which held that amendments introducing entirely new or inconsistent causes of action should normally be refused. Conclusion: The court set aside the impugned order dated 03.08.2015, which allowed the amendment application. The court held that the amendment would change the nature of the writ petition and should be challenged in separate proceedings. The appeal was allowed, and all applications were dismissed. The respondent was granted liberty to impugn the communication dated 19.09.2014 and the Show Cause Notice dated 27.03.2015 in appropriate proceedings as per law.
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