9911796707
TMI Blog2024 (12) TMI 304X X X X Extracts X X X X X X X X Extracts X X X X ..... pportunity of hearingviolation of principles of natural justice - HELD THAT:- Based on the material on record, it is satisfying that no show cause notice was issued to the petitioner, and consequently, no opportunity for a hearing was also granted to the petitioner. The impugned orders and the liabilities imposed upon the petitioner based thereon undoubtedly visit the petitioner with civil consequ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dated 11 October 2017, holding the petitioner jointly and severally liable for the payment of fiscal penalty under Section 11 (2) of the Foreign Trade (Development and Regulation) Act, 1992 ( said Act ). 4. Ms. Perla, learned counsel for the petitioner, pointed out that the petitioner was only an Independent Director. In any event, no show-cause notice or opportunity for a personal hearing was gra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 7. Since the central allegation is about not giving the petitioner any show cause notice or opportunity of hearing, the respondents should have placed some material on record to show that such show cause notices followed by an opportunity of hearing was indeed granted to the petitioner. Mere reliance upon paragraph 5 of the impugned order would not suffice. The Petitioner was challenging those o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es 55 to 56A), we find that it was addressed to Parekh Aluminex Ltd. (the company) and its Directors, Amitabh Arun Parekh and Arun Kantilal Parekh. No notice was addressed to the petitioner, who was an Independent Director. 10. Further, paragraph 5 of the impugned order also refers to the show-cause notice dated 10 January 2013, which is not part of the record. Mr Mishra, on instructions, states t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd otherwise comply with the principles of natural justice before proceeding against the petitioner if they so desire. 13. All the parties contentions on merits, including the contentions about the petitioner being an Independent Director who has resigned, etc., are left open. 14. The rule is made absolute in the above terms without any cost order. All concerned to act on the authenticated copy of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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