2019 (7) TMI 585

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....  RESPONDENTS [BY SMT.ANITHA H.R., ADV. FOR R-1 & R-4; SRI JEEVAN J. NEERALGI, ADV. FOR R-2 & R-3.]   O R D E R The petitioners have assailed the show-cause notice dated 31.12.2015 issued by respondent No.2 as well as the notice dated 17.03.2017 issued by respondent No.3, inter alia, seeking a direction to respondent No.4 to consider the representations of the petitioners dated 01.03.....

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...., whereby petitioner No.1 - Company was permitted to transfer EPCG authorization to petitioner No.2 - M/s. Shyamprabha Smartpack Pvt. Ltd.,. 3. Learned counsel for the petitioners would submit that the show-cause notice has been issued sans application of mind. Representation has been submitted before respondent No.4 to issue Export Obligation Discharge Certificate (EODC) in respect of licenses o....

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....s have rushed to this Court. The action of respondent No.2 could not be dependent on the EODC to be issued by respondent No.4. Respondent Nos.2 and 3 are bound to proceed in accordance with the Act and Rules keeping in mind the limitation period provided to initiate proceedings in the circumstances of the case. Hence, respondent Nos.2 and 3 may be permitted to proceed with the proceedings in accor....

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....espondent No.4, it will be appropriate for this Court to direct respondent No.4 to consider the representations of the petitioners and the rectification letters at Annexures - AD, AF, AG, AJ, AM, AA, AA1 and take a decision inasmuch as the issue of EODC in favour of petitioners in an expedite manner. 6. Accordingly, respondent No.4 shall take a decision in accordance with law in an expedite manne....