Court quashes trade order for breach of justice. Petitioner's appeal reinstated. Future arguments open.

The High Court quashed the order dated 20th December, 2017, issued by the Additional Director General of Foreign Trade under the Foreign Trade Act, due to a breach of natural justice. The petitioner's appeal was reinstated for proper consideration, emphasizing adherence to principles of natural justice. The court left all arguments open for future deliberation.

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Issues: Challenge to order under Foreign Trade Act for breach of natural justice.

In this case, the petitioner challenged an order dated 20th December, 2017 passed by the Additional Director General of Foreign Trade under Section 15 of the Foreign Trade (Development & Regulation) Act, 1992. The petitioner contended that the impugned order breached the principles of natural justice as the submissions and case law presented were not considered by the Appellate authority, resulting in a non-speaking order. The petitioner had made submissions on merits and argued that even if there was a breach, it was a procedural lapse not warranting a penalty, citing various court decisions, including those of the Apex Court. The impugned order, however, failed to address these submissions, indicating a flaw in the decision-making process.

The High Court, upon considering the circumstances, quashed and set aside the impugned order dated 20th December, 2017. The petitioner's appeal to the Additional Director General of Foreign Trade was restored for disposal in accordance with the law while ensuring the principles of natural justice are followed. The court disposed of the petition in the above terms, keeping all contentions open for further consideration.

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