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SCA/9039/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 9039 of 2011
=================================================
REFNOL
RESINS AND CHEMICALS LIMITED & 1 - Petitioner(s)
Versus
UNION
OF INDIA & 1 - Respondent(s)
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Appearance
:
MR
PARESH M DAVE for Petitioner(s) : 1 - 2.
None for Respondent(s) :
1 - 2.
=================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
and
HONOURABLE
MS JUSTICE SONIA GOKANI
Date
: 21/07/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE AKIL KURESHI)
1. Counsel
for the petitioner submitted that though the show cause notice was
issued only for imposing the personal penalty in terms of Section
11(2) of the Foreign Trade( Development & Regulation) Act,
eventually, the impugned order in original was passed imposing
personal penalty as also levying customs duty etc. for alleged
non-fulfillment of export obligation. Counsel submitted that quite
apart from not putting the petitioner to notice about such proposal,
the authority, under the Foreign Trade (Development & Regulation)
Act, does not even have jurisdiction to pass such an order.
2. Though
he agreed that the said order is appealable, he pointed out that in
view of the provisions contained in Section 15 of the said Act, the
appeal has to be filed within 45 days and the appellate authority
does not have power for exempting delay beyond 30 days after expiry
of period of limitation.
Considering
the submissions made, issue notice returnable on 4.8.2011.
Direct
service permitted.
(Akil
Kureshi, J. )
(Ms.
Sonia Gokani, J.)
sudhir
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