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Issues Involved:
The appeal against the order dated 21st September, 2001 dismissing the writ petition challenging the order dated 3rd August, 1999 of the Appellate Committee, Ministry of Commerce. Violation of Principles of Natural Justice: The appellant contended that the original order of the Addl. DGFT was passed in violation of natural justice as proper hearing or opportunity to defend the show cause notice was not provided. The learned Single Judge found that the appellant had not chosen to appear despite being served, and efforts were made to serve the appellant. The Judge noted that the appellant was aware of the proceedings and had contradictory pleas regarding non-appearance. The Judge held that the appellant had opportunities to respond but failed to do so, thus the order was sustainable. Non-Speaking Order of Appellate Committee: The appellant argued that the impugned order of the Appellate Committee was bad in law as it did not provide reasons for rejecting the appeal. The learned Single Judge held that when affirming the original order, reasons were not required to be given, citing a Supreme Court judgment. The appellant's contentions were considered by the Judge, but it was deemed unnecessary to remand the case for a speaking order. Additional Details: The appellant, having a marble processing unit and export-oriented units, faced a penalty for not meeting export obligations. Despite multiple opportunities for personal hearings, the appellant did not respond or appear, leading to an ex parte adjudication. The appellant's arguments were raised for the first time in the appeal, not before the Addl. DGFT. The Appellate Committee upheld the penalty order based on the record, as the appellant failed to meet export obligations due to becoming a sick company. The Court found no merit in the appeal and dismissed it, along with the connected miscellaneous application.
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