2021 (7) TMI 1310 - HC - Customs

Non-processing of application filed by the petitioners - Focus Product Scheme (FPS) - grievance of the petitioner is that 47 applications filed by it for issuance of scrip under the Focus Product Scheme have not been processed by the respondents - HELD THAT - The Additional Director General of Foreign Trade (respondent no.3) may be directed to process the applications and take a final decision on such applications in accordance with law and upon granting an opportunity of hearing to the authorized officer of the petitioner, if not excluded by any express provision of law or by necessary implication, within one month from date of receipt of a copy of this order. Petition disposed off.

Summary

Issues:
1. Non-processing of 47 applications for issuance of scrip under the Focus Product Scheme by the respondents.

Analysis:
The High Court of Bombay, comprising Chief Justice DIPANKAR DATTA and Justice G. S. KULKARNI, addressed the grievance raised by the petitioner regarding the non-processing of 47 applications for scrip issuance under the Focus Product Scheme by the respondents. The court, after hearing arguments from both sides represented by Mr. Prakash Shah for the petitioner and Mr. Pradeep Jetly for the respondents, directed the Additional Director General of Foreign Trade (respondent no.3) to process the applications and make a final decision within one month from the receipt of the court's order. The court emphasized that the decision should be made in accordance with the law and after providing an opportunity of hearing to the authorized officer of the petitioner, unless excluded by any express provision of law or necessary implication. The court disposed of the writ petition with no order as to costs, leaving all contentions open.

Furthermore, the court allowed the petitioner to download a copy of the order and serve it on the Additional Director General of Foreign Trade for compliance, without the need for a certified copy. Similarly, the respondents were directed to download the order and forward it to the concerned officer for compliance. This comprehensive judgment ensures timely processing of the pending applications under the Focus Product Scheme, emphasizing adherence to legal procedures and principles of natural justice in decision-making.