Kohinoor Foods Ltd. vs Director General of Foreign Trade

Badar Durrez Ahmed, J.—A detailed order in Writ Petition No. 3124/2007 entitled KRBL Ltd. v. Union of India and Others 2007 (220) E.L.T. 29 (Del.) has been passed by this Court today itself in almost identical circumstances. The only material difference for the purposes of this writ petition is that in the present case the petitioner had sought documents relied upon in the show cause notice and details of the grounds mentioned in the show cause notice. That has not been supplied to the petitioner. In all other matters, the circumstances with regard to the procedure adopted by the Director General of Foreign Trade, were virtually identical as mentioned in the other case. Accordingly, the impugned order suspending the IEC No. 0590012096 is set aside. It would be open to the respondents to issue a fresh show cause notice, along with documents upon which they rely, giving the petitioner full opportunity of submitting a written representation as well as of being personally heard, if they so desire. The sum and substance of this order is that the respondents shall comply with the requirements of natural justice embodied in Section 8 of the said Act. With these directions, this writ petition stands disposed of.