2014 (5) TMI 1139

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....er impugned Recovery Notices dated 15-12-2012 and 14-11-2012 (Annexure P-1 and Annexure P-7 refers); b.      Issue a writ in the nature of Mandamus or any other appropriate writ, order or direction to the respondent authorities to terminate the recovery proceedings qua the petitioner; c.       Pass ad interim ex parte Order in terms of prayer at (a) and (b) above. d.      Issue Rule nisi in terms of prayer and confirm the same after hearing the parties; e.       Award Cost of this writ petition; and f.       Pass such order and further order(s) or direction(s) as this Hon'ble Court may de....

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....A.K. Singh and Mr. A.S. Kotwal, Manager, Oriental Bank of Commerce. In addition, recovery of drawback amount totalling to Rs. 26,54,929/- and penalty of Rs. 5,00,000/- was imposed on petitioner's proprietary firm, that means, M/s. Vikas Exports. 8. In pursuance to the Order-in-Original dated 29th September, 2005, recovery notices dated 14th November, 2012 and 15th December, 2012 were issued to M/s. Vikas Exports, Proprietorship concern of the petitioner, which propelled the petitioner to approach this Court. 9. Ms. Shikha Sapra, learned counsel for petitioner submits that both in the investigation by DRI and the Order-in-Original there is no finding against the petitioner. She states that even the Order-in-Original identifie....

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....s well as the Order-in-Original there is no finding against the petitioner. The operative portion of the Order-in-Original reads as under :- "A.K. Singh defrauded the Government revenue through export of highly overvalued ready-made garments in the name of M/s. Vikas Exports, which was actually not his firm. He succeeded in this smuggling activity with the connivance of A.S. Kotwal, then Manager of Oriental Bank of Commerce, Air Force Station, New Delhi and Kamal Gupta, who helped A.K. Singh in opening of current account in the name of M/s. Vikas Exports, which was actually owned by one Vikas Narang, R/o, 1112/18, Naiwala, Karol Bagh, New Delhi. Therefore, it appeared that goods exported vide 17 Shipping Bills as mentioned in Annexure-A ....