9911796707
TMI Blog2018 (1) TMI 837X X X X Extracts X X X X X X X X Extracts X X X X ..... that: - Sub-Section (4) of Section 9 of the Foreign Trade (Development and Regulation) Act, 1992 mandates and requires the authority to pass a reasoned and a speaking order - This is a specific direction of the Court and in case a speaking and a reasoned order is not passed, appropriate directions and orders, adverse comments, including imposition of costs may be required and can be made - the re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hallenge to the constitutional vires of the aforesaid sub-paragraphs in the two notifications, in view of the decision dated 7th January, 2016 in Writ Petition (C) No. 6732/2015, T.T. Limited versus Union of India and Another in which a similar contention was raised and rejected. We shall be subsequently again refer to this decision. 3. The substantive prayer made by the petitioner is f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... RE-2013)/2009-2014 dated 18th April, 2013. 6. Our attention was drawn to Section 9 of the Foreign Trade (Development and Regulation) Act, 1992. In fact the Counsel for the respondents relies on the said provision. Sub-Section (4) to Section 9 states that Director General or an officer authorised under sub-section (2) can for good and sufficient reasons to be recorded in writing suspend or cance ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e respondents pursuant to the direction given in W.P.(C) No. 6732/2015 had again passed a non-speaking order rejecting the claim. This was adversely commented upon in orders passed in W.P.(C) No. 2000/2016, filed T.T. Limited and on subsequent dates . Thereafter , T.T. Limited has filed W.P.(C) No. 11001/2017 in which notice has been issued and reply, etc. is awaited. 8. We have notic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h January, 2018 at 2.30 P.M. He shall be heard on the said date and thereafter a speaking and a reasoned order would be passed on or before 31st January, 2018. In case the petitioners are aggrieved by the said order, they will be entitled to challenge and question the same in accordance with law. 10. Counsel for the respondents would inform the counsel for the petitioners about the details o ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
