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Madras High CourtWP/14173/2024disposed of

Rajesh Exports Limited v. The Special Director

2024-07-05Honourable Dr Justice Anita Sumanth4 pages

2024:MHC:2610

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.07.2024

CORAM

THE HONOURABLE DR.JUSTICE ANITA SUMANTH and WMP.Nos.15359 and 15367 of 2024 Rajesh Exports Limited, Batavia Chambers, Kumara Krupa Road, Kumara Park East, Bangalore - 560001 Represented by its Chairman Rajesh Mehta .... Petitioner in both W.P.'s Vs The Special Director, Directorate of Enforcement, Southern Regional Office, Chennai - 600 006.

.... Respondent in W.P.'s Prayer in W.P.No.14173 of 2024: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned order passed by the respondent dated 09.03.2023 in Order No.SDE/SRO/BGZO/08/2023, quash the same and remand it back to the respondent to consider it De Novo as per the provisions of law and pass such other orders as may be deemed fit and proper in the circumstances of the case. 1/4

Prayer in W.P.No.14177 of 2024: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned order passed by the respondent Order No.SDE/SRO/BGZO/01/2024 dated 29.01.2024, quash the same and remand it back to the respondent to consider it De Novo as per the provisions of law and pass such other orders as may be deemed fit and proper in the circumstances of the case. In both W.P.'s For Petitioner : Mr.Suhrith Parthasarathy for Ms.P.Meghana Nair For Respondents : Ms.S.Lydia Steffi for Mr.Rajnish Pathiyil Senior Panel Counsel C O M M O N O R D E R Pursuant to admission of the matter on 04.06.2024, separate counter affidavits, both dated 02.07.2024, have been filed by the Assistant Director, Directorate of Enforcement, Chennai, wherein at paragraphs 5 and 6, he states as follows:

W.P.No.14173 of 2024:

5.Without transversing to the averments made in the affidavit, I submit that the documents sought in para 7 of the affidavit are available for inspection at the office of the Respondent and the same can be inspected by the Petitioner herein. However, if the petitioner requires a copy of the 2/4

same, the same can also be furnished to the petitioner.

6. I further submit that the petitioner, on receipt/inspection of the said documents, may submit an additional reply, if required, after perusing the said relied-upon documents. The respondent can thereafter adjudicate the Show Cause Notice in accordance with law, considering all documents and submissions.

W.P.No.14177 of 2024:

5.Without transversing to the averments made in the affidavit, I submit that the documents sought in para 8 of the affidavit I submit that the documents were collected during the process of inquiry in terms of Rule 4(6) of Foreign Exchange Management (Adjudication proceedings and Appeal) Rules, 2000 and are available for inspection at the office of the Respondent and the same can be inspected by the Petitioner herein. However, if the petitioner requires a copy of the same, the same can also be furnished to the petitioner.

6. I further submit that the petitioner, on receipt/inspection of the said documents, may submit an additional reply, if required, after perusing the said relied-upon documents. The respondent can thereafter adjudicate the Show Cause Notice in accordance with law, considering all documents and submissions.

2. In light of the aforesaid, impugned orders dated 09.03.2024 (W.P.No.14173 of 2024) and 29.01.2024 (W.P.No.14177 of 2024) shall be treated as show cause notices. Let the process of inspection and enquiry be proceeded with, the petitioner heard in person and orders passed afresh, in accordance with law.

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Dr.ANITA SUMANTH,J.

3. This exercise will be completed within a period of eight (8) weeks from date of receipt of a copy of this order.

4. These Writ Petitions are disposed in the aforesaid terms. No costs. Connected Miscellaneous Petitions are closed. sl 05.07.2024 Index:Yes/No Speaking order:Yes To The Special Director, Directorate of Enforcement, Southern Regional Office, Chennai - 600 006.

and WMP.Nos.15359 and 15367 of 2024 4/4