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TMI Blog2012 (10) TMI 629X X X X Extracts X X X X X X X X Extracts X X X X ..... ined by DRI from the petitioner’s bankers, copies of which along with all relevant details have been furnished to the petitioner - there is no arbitrariness or unreasonableness in the stand taken by the respondent - writ petition fails and it is dismissed - W.P. No. 15144 of 2011 and M.P. No. 1 of 2011 - - - Dated:- 19-8-2011 - T.S. Sivagnanam, J. REPRESENTED BY : Shri S. Murugappan, for the Petitioners. Shri F.X.A.F. Benny CGSC, for the Respondent. [Order]. - By consent, the main writ petition itself is taken up for disposal. 2. The challenge in this writ petition is to a communication sent by the respondent, dated 13-6-2011, informing the petitioner that the request made on behalf of the petitioner for copies of lette ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ght for copies of DRI report and the documents verified by the DRI and other documents. The respondent by their reply dated 4-5-2011 supplied the copy of the letter dated 7-12-2010 from the State Bank of India, Overseas Branch, Chennai, addressed to the Assistant Director, DRI alongwith a statement of bills. Once again, the petitioner sent a representation on 9-5-2011, requesting for the records of the DRI report and stated that they are not secret proceedings or documents and therefore, they should be furnished the same. This request was negatived by the impugned communication. 4. The learned counsel for the petitioner submitted that the denial of documents is in violation of principles of natural justice and both in the demand notice da ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the transaction from DRI, in which discrepancies were noticed and forwarded the same to the petitioner and the bank details, contains the relevant particulars. It is further submitted that the DRI informed the respondent s office about the misutilisation and misrepresentation of the Target Plus scheme by the petitioner and provided some documents. As these documents are internal correspondence between two Government Departments, more specifically Investigating Agency and the Adjudicating Authority, it is the established practice not to provide them to the petitioner, as it will certainly hamper the investigation process seriously. Further it is pointed out that if the petitioner is aggrieved by an order passed by the Adjudicating Authority ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the bankers of the petitioner (State Bank of India) and the petitioner s bankers informed DRI that the bills of exchange corresponding to the subject exports were negotiated and the amount advanced by debit to Foreign Currency Sight Bills A/C (in case of demand bills) or Bill of Exchange A/C (in case of Usance Bills) as the case may be and was credited to the petitioner s account maintained with them and the bills were thereafter sent to the buyer s bank for realisation that the export proceeds were credited in State Bank of India s Nostro account maintained by SBI, NY of through Bank of America, NY that the proceeds were negotiated and realized by the petitioner through them; that the bills were negotiated and proceeds credited to the pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecords have been furnished to the petitioner. In such circumstances, the stand taken by the respondent in the impugned communication, appears to be perfectly justified, as the petitioner is not entitled to, as a matter of right to seek for internal communications or inter departmental communications that to at the stage of show cause notice and more so when, such internal communication emanating from a specialized investigating agency. As noticed above, the facts of the case in Kothari Filaments and Anr., supra, are couched on entirely different set of facts and the said judgment does not render any support to the case of the petitioner. It is evident that the show cause notice is based on the records obtained by DRI from the petitioner s b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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