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2018 (11) TMI 627 - HC - CustomsApplication for grant of Advance License - Foreign Trade (Development & Regulation) Act, 1992 - principles of natural justice - Held that - It is an undisputed that the impugned orders dated 4th August 2018 are neither preceded by a show cause notice or grant of a personal hearing. The impugned orders are self evidently non speaking orders - Applications for grant of advance licence leading the impugned orders dated 4th August 2018 are restored to the Joint Director General of Foreign Trade Respondent No. 3 for fresh disposal in accordance with principles of natural justice.
Issues:
Challenge to rejection of application for advance license under Foreign Trade Act and Policy, absence of show cause notice and personal hearing in impugned orders, setting aside of impugned orders, restoration of applications for fresh disposal, issuance of show cause notice, filing of reply, grant of personal hearing, passing of speaking order. Analysis: The judgment pertains to a petition challenging the rejection of an application for an advance license under the Foreign Trade Act and Policy. The petitioner sought relief, including the setting aside of the impugned orders dated 4th August 2018. The court noted that the impugned orders were issued without a show cause notice or a personal hearing, rendering them non-speaking orders. Consequently, the court quashed and set aside the impugned orders, restoring the applications for the advance license to the Joint Director General of Foreign Trade for fresh disposal in compliance with the principles of natural justice. Furthermore, the court directed that a show cause notice regarding the applications would be issued by a specified date, and the petitioner would have the opportunity to file a reply within a stipulated timeframe. Subsequently, the Joint Director General of Foreign Trade was instructed to grant a personal hearing to the petitioner and pass a speaking order expeditiously, preferably by a specified date. The judgment concluded by disposing of the petition in accordance with the outlined terms, ensuring due process and fair consideration in the adjudication of the application for the advance license.
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