2024 (12) TMI 304

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....: Mr. Jitendra Mishra a/w Mr. Ashutosh B. Mishra and Mr. Vikas Salgia. P.C.:- 1. Heard Ms. Perla, learned counsel for the petitioner and Mr. Mishra for the respondents-UOI. 2. Rule. The rule is made returnable immediately at the request and with the consent of the learned counsel for the parties. 3. The petitioner challenges the order dated 28 March 2018 dismissing his appeal against the Ord....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e Order-in-Appeal dated 28 March 2018. Based on that, he pointed out that the show cause notices were issued to all individual directors, including the petitioner. He submitted that this paragraph indicates that the petitioner was given a personal hearing before the Adjudicating Authority. Accordingly, Mr. Mishra submitted that this petition may be dismissed. 6. The rival contentions now fall for....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....d to make arrangements for fulfilment of Export Obligation. The SCN dated 17.12.2012 was also made available to all individual directors including Shri Devanshu P. Desai. He was also given an opportunity of personal hearing before adjudicating authority as at Para 6 of the Show Cause Notice dated 10.01.2013. Due process was followed." 9. However, on perusing the notice dated 17 December 2012, wh....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....titioner. The impugned orders and the liabilities imposed upon the petitioner based thereon undoubtedly visit the petitioner with civil consequences. Accordingly, minimum compliance with the principles of natural justice and fair play was a must. On this short ground, we set aside the impugned orders dated 28 March 2018 and 11 October 2017. 12. However, we leave it open to the respondents to issu....