2020 (3) TMI 861

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....principles of natural justice and without giving any opportunity of being heard to the Petitioner, which has deprived the Petitioner of the rightful benefits under the FTDR Act; 2. In continuation to the above prayer(s) to direct Respondents to remove the name of Petitioner from the Denied Entity List and reinstate the License of the Petitioner if any of the License has been consequentially revoked/suspended and allow the Petitioner to apply for Licenses in future, as such action is in violation of the procedure prescribed and is also against the principles of natural justice the Petitioner,; 3. To set aside the Show Cause Notice F No. 05/02/001/0019/AM/-20/ECA/CLA/1352844 dated 27.06.2019 issued by the Respondent, which i....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....venue Intelligence, which shows the nature of allegations against the petitioner. He further submits that in terms of Rule 9(2) of the Rules, the Director General can suspend the operation of any license where proceedings of cancellation of such license have been initiated under Rule 10. 5. I have considered the submissions made by the learned counsels for the parties. The Show Cause Notice dated 27.06.2019 merely refers to the letter received from the DRI and records as under:- "01. Whereas DRI Hqrs. has informed that firm M/s Its My Name Pvt. Ltd. (IEC No.0514037342) is suspected to be misusing the Advance Authorization and the Exhibition Re-import Scheme through circular trading of gold jewellery exported under the guise of g....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....n writing." (Emphasis Supplied) 9. Proviso to Section 9(4) of The Foreign Trade (Development and Regulations) Act, 1992 mandates grant of reasonable opportunity to the licensee of being heard before suspending the license. 10. The learned counsel for the respondent has also produced before me the office file containing the purported order placing the petitioner on DEL. A perusal of the same shows that it records no reasons for placing the petitioner on DEL. It is merely a note on the letter received from DRI. 11. It is further not denied that not only the purported order dated 26.06.2019 has not been served on the petitioner but infact, in accordance with Clause D(1) of the guidelines, it should have also stated that an appeal a....