Fresh consideration of pending applications with hearing and Clause 9.3 compliance required before decision

The respondent had to process the remaining applications afresh in accordance with law after giving the applicant an opportunity of hearing, because the earlier communication did not displace the obligation to decide the applications independently within the stipulated time. The fresh decision was also required to take into account Clause 9.3 of Chapter 9 of the Foreign Trade Policy and Handbook of Procedures. The direction emphasised compliance with the earlier mandate, independent consideration of the pending applications, and hearing of the authorised officer unless excluded by law.

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Issues: Whether the respondent was required to process the remaining applications in accordance with law after granting an opportunity of hearing and to consider Clause 9.3 of Chapter 9 of the Foreign Trade Policy and Handbook of Procedures.

Analysis: The order recorded a prima facie non-compliance with the earlier direction requiring all applications to be processed and decided within the stipulated time. The respondent's communication could not displace the obligation to decide the remaining applications independently and in accordance with law. The Court also directed that Clause 9.3 of Chapter 9 of the Foreign Trade Policy and Handbook of Procedures be considered while passing the fresh decision, and that the decision be taken after giving an opportunity of hearing to the authorised officer of the applicant, unless excluded by law.

Conclusion: The respondent was directed to process the remaining applications afresh and decide them in accordance with law after hearing the applicant, while considering Clause 9.3 of Chapter 9 of the Foreign Trade Policy and Handbook of Procedures.

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