2019 (2) TMI 614

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....e second respondent to pass orders on merits with respect to review applications dated 23.09.2014 filed by the petitioner against the Orders-in-Original dated 04.08.2011 and 01.10.2012. 3. The petitioner suffered two orders-in-original dated 04.08.2011 and 01.10.2012 at the hands of the Joint Director General of Foreign Trade, Chennai, wherein and whereby, the said authority found that the petitioner is guilty of violating the conditions of license in question and thereby, liable to penalty, also further, by ordering that no further license shall be issued to the petitioner firm. Challenging those orders, the petitioner preferred two review applications before the second respondent. Those two review applications dated 23.09.2014 were ....

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....d an appeal under Section 15 of the Act and hence the order is sustainable is the contention of the learned counsel for the respondents. 6. For the sake of convenience, the provisions of Section 15 and 16 of the Act are extracted below:- "SECTION 15. Appeal (1) Any person aggrieved by any decision or order made by the Adjudicating Authority under this Act may prefer an appeal - (a) where the decision or order has been made by the Director General, to the Central Government; (b) where the decision or order has been made by an officer subordinate to the Director General, to the Director General or to any officer superior to the Adjudicating Authority authorised by the Director General to hear the appeal, ....

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....ing the goods connected with services or technology) of a greater value shall not be made under this section unless the appellant has been given an opportunity of making a representation, and, if he so desires, of being heard in his defence. (3) The order made in appeal by the Appellate Authority shall be final. SECTION 16. Review - The Central Government, in the case of any decision or order made by the Director General, or the Director General in the case of any decision or order made by any officer subordinate to him, may on its or his own motion or otherwise, call for and examine the records of any proceeding, for the purpose of satisfying itself or himself, as the case may be, as to the correctness, legality or propri....