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TMI Blog2021 (11) TMI 344X X X X Extracts X X X X X X X X Extracts X X X X ..... ailed the LOC. Contents of the Show Cause Notice dated 29.11.2019 do indicate that Respondent is aware of the residential as well as official addresses of the Petitioner, both in India and abroad, as the same have been clearly referred to in the Show Cause Notice. Petitioner has categorically averred that no summons have been received by him from any Competent Court and there is no denial by the Respondent to the said averment. Mr. Gulati is also right in pointing out that there is no allegation against the Petitioner that he has not been co-operating in the investigation, as and when required. The LOC was issued on 08.07.2019. Applying para 8(i) of the O.M. dated 27.10.2010, clearly period of one year has expired long back and therefore ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the Petitioner be stayed. It is submitted that pursuant to an investigation conducted against the Petitioner, Show Cause Notice dated 29.11.2019 was issued, followed by Supplementary Notices dated 20.04.2020 and 18.09.2020. Petitioner has already filed his reply to the Show Cause Notice and its corrigendum as well as the Supplementary Show Cause Notices on 09.09.2020. Perusal of para 2(v) of the Show Cause Notice dated 29.11.2019 clearly indicates that the Respondent is fully aware not only of the whereabouts of the Petitioner but also of the address of the factory premises. Respondent is also aware of the residential address of the Petitioner at Delhi, from the date of initiation of investigation, as the Show Cause Notice has been issued ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the Petitioner is not co-operating during investigation, as and when required. In any case, once the Show Cause Notice has been issued, the apprehension of the Respondent, if any, that the Petitioner will evade investigation is misplaced. 4. Learned Senior Counsel draws the attention of the Court to an Office Memorandum bearing No. 25016/31/2010-Imm dated 27.10.2010, issued by the Ministry of Home Affairs, more particularly, para 8(i) thereof, to contend that the LOC is valid only for a period of one year from the date of issue and the name of the subject is automatically removed from the LOC thereafter. It is submitted that since the LOC was issued in 2019, a period of more than one year has expired from the date of issue and there ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as categorically averred that no summons have been received by him from any Competent Court and there is no denial by the Respondent to the said averment. Mr. Gulati is also right in pointing out that there is no allegation against the Petitioner that he has not been co-operating in the investigation, as and when required. 7. We also prima facie find merit in the contention that the O.M. dated 27.10.2010 provides that an LOC will be valid for a period of one year from the date of its issue and thereafter the name of the subject is deemed to be automatically removed from the LOC. While the Petitioner claims that he is not aware of the exact date of the issue of LOC, however, on a pointed query by the Court, learned counsel for the Respond ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... till the next date of hearing. 10. Learned Senior Counsel assisted by Mr. Prem Ranjan Kumar, assures the Court that the Petitioner shall co-operate with the Respondent in any investigation/adjudication process initiated or underway. Petitioner shall inform the concerned officials of the Respondent of the date of his arrival in India as well as the address at which he shall be staying, including the mobile number, which shall be kept activated at all times, to enable the Respondent to contact the Petitioner, as and when required. Petitioner shall not leave the country without informing the Respondent and would also indicate the destination, as and when he exits India. 11. Petitioner shall file an affidavit of undertaking in the above t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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