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TMI Blog2006 (7) TMI 79X X X X Extracts X X X X X X X X Extracts X X X X ..... appeal. 4.The petitioner contended that he was granted licence to import and he had to meet the export obligation. The value based advance licence for a CIF value of Rs. 45,31,250 was for import of ball pen tips, writing ink and polyethylene moulding power etc. with a condition to export 15 lac pieces of plastic body ball pens and parts thereof including refills for FOB value of US $ 2,32,000 to Singapore. On non-fulfilling the export obligation, the adjudicating authority imposed a penalty of Rs. 2.00 crore on the petitioner. 5.On an appeal filed by the petitioner, the appellate committee remanded the matter to the Additional Director General of Foreign Trade for giving a fresh hearing and also directed the petitioner to deposit 10 per ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he petitioner contended that on 2nd March, 2006, he could not reach for hearing on account of visit of President of United States of America, Mr. Bush, as he was scheduled to have a meeting at Hyderabad House near India Gate and for security reasons the entire area inclusive of office of the respondents was cordoned off. Consequently, the petitioner received another communication dated 18th April, 2006 fixing the hearing for 18th May, 2006 at 10.30 AM in Room No. 141, Udyog Bhawan, New Delhi for hearing the petitioner on the question of pre-deposit and categorically stipulating that no further hearing will be given for that purpose. 9.The petitioner's counsel contended that on receiving the letter dated 18th April, 2006, he got another ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the date of hearing for appeal has been fixed on 21st July, 2006. Aggrieved by the order of the respondents in not giving hearing to the petitioner and again imposing the condition of pre-deposit of furnishing bank guarantee of Rs. 30 lac, the petitioner has impugned the order contending that the respondents have violated the principles of natural justice and their order is liable to be set aside and the petitioner is entitled for hearing before the respondents impose any condition of pre-deposit in the facts and circumstances. 11.The petitioner has impugned the order directing the petitioner to furnish the bank guarantee of Rs. 30 lacs without giving a hearing to the petitioner contending, inter alia, that the matter was listed on 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... facts and circumstances and especially that a hearing had to be given to the petitioner, without going into justifiability whether the condition demanding furnishing of a bank guarantee of Rs. 30.00 lac is justifiable or not, the respondents will give hearing to the petitioner on the question of waiver of pre-deposit of any amount or furnishing of bank guarantee before deciding the appeal. 13.Learned Counsel for respondent also relied on (2000) 9 SCC 399, Alpha Detergents Pvt. Ltd. v. Commissioner of Central Excise and Anr. to justify imposition of any amount and seeking furnishing of bank guarantee. In totality of facts and circumstances between the parties and admitted facts, it is not disputed that the appellate committee examined the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t availing the hearing on the question of waiver of pre-deposit from the respondents. If that be so the respondents cannot absolve themselves of their liability to give a reasonable hearing to the petitioners before directing him to make a pre-deposit or to furnish a bank guarantee. Considering the facts, therefore, it will be reasonable to allow the petitioner a hearing before petitioner can be asked to give a bank guarantee of Rs. 30.00 lac as has been sought by the respondents. 16.Today, learned Counsel for the respondents also stated on instructions that the second appellate authority will give a hearing to the petitioner on his application for waiver of pre-deposit before hearing the appeal of the petitioner and before demanding pe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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