2021 (2) TMI 918 - HC - Customs

Seeking to initiate the proceedings in time bound manner - seeking direction directing respondent no.6 to remove the Import Export Code placed under the Denied Entity List of Directorate General of Foreign Trade - HELD THAT - This writ-application is disposed off with a direction to the Joint Director General, DGGI, Zonal Unit Ahmedabad, Ahmedabad to immediately look into the representation dated 26th September 2020; Annexure-J; Page-46 to this writ-application and take an appropriate decision in accordance with law with a period of four weeks from the date of the receipt of this order. We also direct the Joint Director General of Foreign Trade, Surat to look into the representation dated 5 th November, 2020 at Annexure-Q; Page-68 and take an appropriate decision in accordance with law with a period of four weeks from the date of the receipt of this order.

Issues:
1. Relief sought by the writ-applicant under Article-226 of the Constitution of India.
2. Representation dated 26th September 2020 addressed to the Joint Director General, DGGI, Zonal Unit Ahmedabad.
3. Representation dated 5th November, 2020 addressed to the Joint Director General of Foreign Trade, Surat.
4. Direction to the Joint Director General, DGGI, Zonal Unit Ahmedabad, Ahmedabad.
5. Direction to the Joint Director General of Foreign Trade, Surat.

Analysis:

1. The writ-applicant sought relief under Article-226 of the Constitution of India, requesting various writs, orders, and directions to be issued to the respondents. The reliefs included initiating proceedings in a time-bound manner, removing the Import Export Code from the Denied Entity List, and determining the genuineness of the petitioner promptly. Additionally, the applicant requested a directive to refrain from coercive measures against the petitioner and to allow conducting business under 100% verification by appropriate authorities. The court heard the counsel for the writ-applicant and directed the concerned authorities to address the representations submitted by the applicant within a specific timeframe.

2. The court noted a representation dated 26th September 2020 addressed by the writ-applicant to the Joint Director General, DGGI, Zonal Unit Ahmedabad. The court directed the Joint Director General to promptly review this representation and make a decision within four weeks from the date of the court order. This action was taken to ensure that the applicant's concerns were addressed in a timely manner and in accordance with the law.

3. Another representation dated 5th November 2020, addressed to the Joint Director General of Foreign Trade, Surat, was highlighted during the proceedings. The court instructed the Joint Director General of Foreign Trade, Surat, to examine this representation and make a decision within four weeks from the date of the court order. This directive aimed to ensure that all representations made by the applicant were duly considered and resolved within a reasonable timeframe.

4. The court disposed of the writ-application by providing specific directions to the concerned authorities. The Joint Director General, DGGI, Zonal Unit Ahmedabad, Ahmedabad, was directed to promptly address the representation dated 26th September 2020. Similarly, the Joint Director General of Foreign Trade, Surat, was instructed to review the representation dated 5th November 2020. These directions were issued to ensure that the representations were given due consideration and resolved within a stipulated period, demonstrating the court's commitment to addressing the applicant's concerns effectively.

5. The court clarified that the writ-application was disposed of without expressing any opinion on the merits of the case. This clarification indicated that the court's decision was based on procedural considerations and the need to address the applicant's representations promptly, without delving into the substantive aspects of the case. By providing clear directives to the concerned authorities, the court aimed to facilitate a timely resolution of the issues raised by the writ-applicant.

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