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2020 (4) TMI 423

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..... al hearing to the petitioner and examine the records if any produced by the petitioner and thereafter pass order on merits with reasons - The respondents are directed to complete the exercise undertaken by them on or before 28.02.2020. Petition allowed by way of remand. - W.P.No.23581 of 2019 - - - Dated:- 7-1-2020 - HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN J. For Petitioner : Mr.M.Balasubramanian For Respondents : Mr.Joshua Christie for Mr.V.Chandrasekaran SPC O R D E R The petition has been filed in the nature of Certiorarified Mandamus, calling for the records on the file of the 3rd respondent in F.No.04/21/21/1366/AM12 dated 10.07.2019 to set aside the same in view of the fact that it has been passed violati .....

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..... was not able to fulfill the export obligations within the stipulated period of 6 years. Hence, the petitioner approached the 2nd respondent to extend the EPCG Licence period for export obligations. This was given by the representation dated 27.06.2019 under Section 9(2) of The Foreign Trade (Development and Regulation) Act, 1992. However, the representation had been rejected by the 3rd respondent by the impugned order. 5. A counter had also been filed by the respondents, in which again it had been stated that the petitioner had to comply with the export obligations within the time limit fixed for submission of renewal / extension of licence and only notice was issued and the rejection by the respondent is not final. 6. It is stated t .....

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..... n u/s.9(4) of the Act extracted above mandates that. It is also stated that the 3rd respondent is not the competent officer to pass the impugned order. 9. In view of these facts, without going into the merits of the case, the impugned order is set aside and the respondents are directed to issue notice to the petitioner in furtherance to his representation dated 27.06.2019, grant personal hearing to the petitioner and examine the records if any produced by the petitioner and thereafter pass order on merits with reasons. The respondents are directed to complete the exercise undertaken by them on or before 28.02.2020. 10. With the above terms, the writ petition stands allowed. No order as to costs. Consequently, the connected miscellaneo .....

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