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2025 (2) TMI 172

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..... sentation on 25.04.2016 and without considering the same, it has been placed in the Denied Entity List - HELD THAT:- The representation is furnished along with the Writ Petition and the same is marked as Annexure-J. A perusal of the same reflects that it's a detailed representation and it runs 11 pages. Without considering the said representation, the Director General of Foreign Trade placed the petitioner in the Denied Entity List. This is untenable. The action on the part of the respondents cannot be sustained. The authority concerned ought to have considered the representation that was submitted by the petitioner before taking any action against it. Hence, this Court deems it proper to direct respondents 2 and 3 to consider the represent .....

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..... directed to regularize all the cases by paying duty plus interest as applicable and final opportunity of one month was given to the petitioner failing which they would adjudicate the case as per the provisions of FTD&R Act. As the things stood thus, the Director General of Foreign Trade placed the petitioner in Denied Entity List. Under these circumstances, having left with no other alternate and efficacious remedy, the petitioner has filed the Writ Petition under Articles 226 and 227 of the Constitution of India. 3. Counsel Sri. Venkatesh S. Arbatti., for the petitioner submits that a representation was submitted by the petitioner on 25.04.2016. However, the same has not been considered. The inaction on the part of respondents 2 and 3 in .....

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..... rity concerned ought to have considered the representation that was submitted by the petitioner before taking any action against it. Hence, this Court deems it proper to direct respondents 2 and 3 to consider the representation submitted by the petitioner. 6. A Mandamus is ordered directing respondents 2 and 3 to consider the representation dated 25.04.2016 submitted by the petitioner vide Annexure-J in accordance with the law. The third respondent is hereby directed to remove the petitioner's name from the Denied Entity List. 7. Resultantly, the Writ Petition is disposed of. All the contentions of the parties are kept open. 8. Lastly, counsel Sri. Venkatesh S. Arbatti., submits that while passing the interim order, this Court direct .....

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