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TMI Blog2016 (1) TMI 417X X X X Extracts X X X X X X X X Extracts X X X X ..... hether they were at all payable are matters to be decided in accordance with law and based on the allegations in the show cause notice. The Competent Authority cannot avoid the legal responsibility. We would therefore direct the Competent Authority viz. the Joint Director of Foreign Trade, Ministry of Commerce, Union of India to give a personal hearing to the petitioners on the two show cause notices dated 27th March 2008 and pas a reasoned order thereon as expeditiously as possible and within a period of four months from the date of receipt of copy of this order. - Writ Petition No. 4832 of 2014 - - - Dated:- 28-9-2015 - S.C. Dharmadhikari and B.P. Colabawalla, JJ. Shri Prakash Shah with Jas Sanghavi i/b. M/s. PDS Legal, for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y of Commerce and other authorities of the Union of India from recovering any sums. 5. Mr. Shah would submit that the benefit of all this can be obtained only if the Director General of Foreign Trade adjudicates and decides a notice to show cause (copy of which has been annexed to this Petition at pages 57 and 68 of the paper book). The show cause notices are dated 27th March 2008 and they are yet not adjudicated by the Competent Authority. 6. Mrs. Masurkar, learned counsel appearing on behalf of Respondent Nos. 1 to 4 invited our attention to the affidavit of the Deputy Director General of Foreign Trade and submitted that it is the petitioners themselves who did not desire any adjudication in the show cause notices. They have volunta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pondents and particularly the Director General of Foreign Trade claims certain amounts. They have closed the file which without any adjudication order or decision but because of the act of the petitioners paying certain sums. To our mind, the continued retention of the sums or whether they were at all payable are matters to be decided in accordance with law and based on the allegations in the show cause notice. The Competent Authority cannot avoid the legal responsibility. 8. We would therefore direct the Competent Authority viz. the Joint Director of Foreign Trade, Ministry of Commerce, Union of India to give a personal hearing to the petitioners on the two show cause notices dated 27th March 2008 and pas a reasoned order thereon as exp ..... X X X X Extracts X X X X X X X X Extracts X X X X
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