2004 (6) TMI 337 - HC - Companies Law

Court upholds penalty under Foreign Trade Act for non-compliance with export obligations. Petitioner's application dismissed.

The court upheld the order imposing a penalty under the Foreign Trade Act for non-compliance with export obligations under an advance license. Despite ... Giving of opportunity to owner of goods, etc. Issues:Challenge to order imposing penalty under Foreign Trade Act for non-compliance with export obligations under advance license.Analysis:The petitioner challenged an order imposing a penalty under the Foreign Trade Act for failing to comply with export obligations under an advance license. The petitioner did not respond to the show-cause notice or request a hearing, leading to an ex parte order. The petitioner argued that natural justice required an opportunity to be heard even without responding to the notice, citing legal precedents. The court examined Section 14 of the Act, which mandates informing the person of the grounds for penalty imposition, allowing a written representation, and a hearing if desired. The court found that the adjudicating authority had followed the requirements of Section 14 by providing notice and time to respond, even extending the deadline, but the petitioner remained silent. The court emphasized that the Act does not necessitate further communication for an ex parte decision if the person does not respond.The court addressed legal precedents cited by the petitioner. In the Swadeshi Cotton Mills case, the Supreme Court emphasized the importance of pre-decisional hearing when not explicitly mentioned in the statute, but in this case, Section 14 explicitly limited the hearing opportunity to the person's desire. The court differentiated the Institutes of Chartered Accountants case, stating that the requirement for a hearing applies when the person affected chooses to avail it. Similarly, in the C.B. Gautam case, the Supreme Court stressed the need for a reasonable opportunity of hearing before making decisions with civil consequences, which was not applicable in this scenario due to the statutory provisions adequately providing opportunities. The Mayes case highlighted the right to be heard according to natural justice rules, but the court found it inapplicable as the petitioner did not express a desire for a hearing despite opportunities provided.Lastly, the court referred to the Principles of Judicial Review, emphasizing procedural fairness requiring adequate notice for affected parties to make representations or appear at hearings. In this case, the petitioner was given opportunities for representation and a hearing but did not utilize them, leading to the dismissal of the writ application. The court concluded that the respondent had complied with legal requirements in passing the impugned order, resulting in the dismissal of the petitioner's application.