2022 (2) TMI 748

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....2022<br>INTERIM APPLICATION NO. 2394 OF 2021 IN WRIT PETITION NO. 1497 OF 2021 - -<br>Customs<br>R. D. DHANUKA & S. M. MODAK, JJ. Mr. Prakash Shah a/w. Mr. Mihir Mehta, Mr. Jas Sanghavi, Mr. Durgaprasad Poojari, Ms. Neha Joshi, Mr. Mohit Raval i/b. M/s. PDS Legal for Applicant/Petitioner. Mr. Pradeep S. Jetly, Senior Advocate a/w. Mr. Jitendra B. Mishra for Respondents. ****** &nbsp; (....

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....ity of hearing to the authorized Officer of the Petitioner, if not excluded by any express provision of law or by necessary implication, within one month from the date of receipt of a copy of this Order. The Respondent No.3 has not complied with the said Order by deciding 46 applications out of 47 applications. 3. In support of this submission learned counsel invited our attention to the email ....

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....e Respondent No.3 has already passed an Order, conveyed by email dated 22nd October 2021, holding that as per the directions of Headquarter, New Delhi, the Focus Product Scheme applications filed by the Applicant submitted upto 31st December 2018 shall be considered. He submits that the said Order is appealable Order. 5. In our prima-facie view, the Respondent No.3 has not complied with the Ord....

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....aw or by necessary implication. 6. We accordingly pass the following Order :- (a) The Respondent No.3 shall consider and process the remaining 46 applications and to take a final decision thereon in accordance with law after granting an opportunity of hearing to the authorized Officer of the Applicant, if not excluded by any express provision of law or by necessary implication, within one mo....