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2021 (4) TMI 751

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..... as mentioned, as to for how long the Petitioner was put on the DEL - Since there has been no reply whatsoever in response to the repeated communications of the Petitioner, directions are liable to be issued so that the matter reaches a conclusion. The documents relied upon by the Respondent shall be supplied to the Petitioner within a period of four weeks i.e., by 15th May 2021 - Petition disposed off. - W.P.(C) 4652/2021 & CM APPL. 14311/2021 - - - Dated:- 15-4-2021 - JUSTICE PRATHIBA M. SINGH Petitioner Through: Mr. Ramakant Gaur, Advocate. Respondent Through: Mr. Vineet Malhotra, Advocate. Prathiba M. Singh, J.(Oral) 1. This hearing has been done through video conferencing. 2. The present petition challenge .....

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..... 5. Mr. Vineet Malhotra, ld. Counsel appearing for the Respondent, submits that the Petitioner ought to have ideally filed an appeal against the order dated 21st December 2018, under Section 15 of the Foreign Trade (Development Regulation) Act, 1992. 6. Heard ld. counsels for the parties and perused the record. 7. A perusal of the order dated 21st December 2018 shows that the authorities have called upon the Petitioner as under: Vide DRI F. No. DRI/IIQ-CI /50D/Enq-23/2018 letter, the Directorate of Revenue Intelligence has requested this office that in the interest of government revenue, post export benefits under Chapter 3 to your company be disallowed till finalization of investigation by the DRI. Therefore, in exercis .....

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..... time to tie and (b) Your IEC should not be suspended under Section 8 for violation of Rule 7.1 (K) of the FTDR Act, 1992 as amended in 2010 9. A perusal of both these documents clearly shows that the order putting the Petitioner in the DEL category was a temporary order. The Petitioner was given an opportunity to file a reply to the said order and the said order was sent to the Petitioner along with a show-cause notice. In the show-cause notice also, the Petitioner has been asked as to why the Petitioner ought not to be continued to be placed in the DEL. Thus, there was no finality, and no period was mentioned, as to for how long the Petitioner was put on the DEL. 10. The clear impression from the reading of the said two do .....

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