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2013 (3) TMI 764

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..... dent. ORDER P.C. : The petitioner had initiated proceedings before this Court under Article 226 of the Constitution for quashing letters dated 6 July, 2011, 27 July, 2011, 8 August, 2011, 14 November, 2011 and 7 October, 2012 by which the Director General of Foreign Trade declined to consider the case of the petitioner for redemption of licences and issuance of an export obligation disc .....

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..... eneral of Foreign Trade and Additional Director General of Foreign Trade. Copies of these notices are at Exhibits K and L and are sought to be impugned in these proceedings. On 4 January, 2013 two orders have been passed by the Union Government in the Ministry of Commerce rejecting a request made by the petitioner for the grant of an Export Obligation Discharge Certificate (EODC). 2. The DRI ha .....

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..... t was conducted by the DRI, Mumbai. It was in that view of the matter, and since the Court was informed that the DRI had completed an investigation and had issued a notice to show cause, that the Court had directed that a fresh order would be passed by the DGFT in the light of the report submitted by the DRI, Mumbai. The impugned notices dated 31 October, 2012 and 22/23 November, 2012 are essentia .....

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..... d on 21 March, 2013; (ii) The adjudicating officer shall in pursuance of the notice referred to in (i) above, pass an order of adjudication after hearing the petitioner within a period of six weeks from today as stated before the Court; (iii) The hearing of the notices issued by the Joint Director General of Foreign Trade on 31 October, 2012 and on 22/23 November, 2012 by the Additional .....

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..... n the merits of the rival contentions. Since the action which is proposed to be initiated by the DGFT is consequential to the investigation that has been conducted by the DRI, we have issued these directions to facilitate the passing of an order of adjudication by the adjudicating officer in pursuance of the notice to show cause issued by the DRI. 3. The petition is disposed of in these terms. .....

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