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Judgment
Heard Mr. D. Borah, the learned counsel for the petitioner. Also heard Mr. R. K. Devchoudhury, the learned ASGI.
The petitioner company was served with Notice dated 29.04.2021 which was Demand cum Show Cause Notice under Section 14 for action under
Section 11(2) of Foreign Trade (Development & Regulation) Act, 1992 and Rule 7(1)K of Foreign Trade (Regulation) Rules, 1993. The written reply
against the said Demand cum Show Notice was directed to be submitted within 30 days from the date of the Show Cause Notice or 15 days from the
date of receipt of the Show Cause Notice whichever was earlier. Upon receipt of the same, the petitioner through its authorized official informed the
respondent No. 3 vide their Email dated 18.05.2021 and sought for extension of the period of submission of the reply beyond 10 days from 24.05.2021
in order to get necessary instruction from the project authority in the State of Rajasthan. The said extension was specifically sought for as the State of
Rajasthan was under lockdown till 24.05.2021. The same was replied by the respondent No. 3 through his Email dated 18.05.2021 and granted two
months extension from the date of Show Cause Notice i.e. 29.04.2021. The petitioner company submitted its reply on 18.06.2021. Surprisingly, the
petitioner received a communication whereby an order dated 17.06.2021 was passed in response to the Show Cause Notice dated 29.04.2021 and
apparently the same was passed without the receipt of the reply of the petitioner dated 18.06.2021.
It is submitted by the learned counsel for the petitioner that vide email dated 18.05.2021, the respondent No. 3 was satisfied to extend the time period
for submission of reply by two months from 29.04.2021 which expired on 29.06.2021 but as apparent from the order dated 17.06.2021 the same was
passed within the extended period and without waiting for the reply from the petitioner. In view of the same, the learned counsel for the petitioner
sought for setting aside the impugned order dated 17.06.2021 with a liberty granted to the petitioner to submit the Show Cause reply and upon
consideration of the reply a fresh order against the Show Cause Notice dated 29.04.2021 be directed to be passed by the respondent No. 3.
Mr. Devchoudhury fairly submits that apparently there is an error on the face of the order dated 17.06.2021 and he has no objection in the event the
petitioner is granted two weeks time to submit their Show Cause reply and thereafter, the respondent No. 3 may be directed to pass an appropriate
order against the Show Cause Notice dated 29.04.2021.
I have given due consideration to the submissions made by the learned counsel. The petitioner sought for extension of the time period to submit their
reply on the ground of the situation arising out of Covid-19 pandemic and the consequent lockdown imposed in the State of Rajasthan wherein the
project office of the petitioner is situated. On one hand the respondent No. 3 extended the time period till 29.06.2021 and on the other hand before
expiry of the said period of extension, the impugned order dated 17.06.2021 was passed which amounts to violation of principle of natural justice.
In view of the same, I am inclined to set aside and quash the order dated 17.06.2021 passed in IEC NO. 1497000629 which I accordingly do and
direct the petitioner to submit the Show Cause reply against the notice dated 29.04.2021 along with the copy of this order within a period of two weeks
from today whereafter, the respondent No. 3 shall consider the reply and pass an appropriate speaking order after hearing the petitioner accordingly.
With the said direction, this writ petition stands disposed of.