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Madras High CourtWP/34116/2024dismissed

T.Jaya Mohan v. Union Of India

2024-11-21Honourable Mr Justice S. Sounthar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :21.11.2024

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.34116 of 2024and W.M.P.No. 36929 of 2024

1. Mr.T.Jaya Mohan

2. Mr.Leyananth.T

...Petitioners

Vs.

1. Union of India Represented by its Secretary Ministry of Commerce and Industry Department of Commerce, Udyog Bhavan, New Delhi-110 107.

2. The Director General of Foreign Trade, 4th floor, Shastri Bhawan Annexe, 26, Haddows Road, Chennai-600 006.

3. The Deputy Director General of Foreign Trade 4th floor, Shastri Bhawan Annexe, 26, Haddows Road, Chennai-600 006.

4. M/s.Titanium Tantalum Products Limited, Represented by its Official Liquidator Mr.Vasudevan 86/Vengaivasal Main Road, Chennai-601 302 .Respondents 1/4

PRAYER: Writ Petition filed under Article 226 of the Constitution of Indiafor issuance of a Writ of Certiorarified Mandamus, call for impugned proceedings bearing Number F.No. CHNECAAPPLY00001281AM23 on the file of the 3rd Respondent and its connected consequential impugned order dated 31.07.2023 bearing file No. 04/24/040/141/AM12/24 passed by the 3rd Respondent and quash the same and the proceedings arising thereof and consequently to hold proper and fresh proceedings.

For Petitioner : M/s.Nathan and Associates For Respondents 1 to 3 : Mr.Prasad Vijaya Kumar Senior Panel Counsel (Central Government)

O R D E R

This writ petition is filed challenging the order passed by the 3rd respondent imposing penalty of Rs.10,000/- (rupees ten thousand only) on the 4th respondent by exercising of power under Section 13 of Foreign Trade (Development and Regulation) Act, 1992.

2. It is brought to the notice of this Court against the impugned order, an appeal remedy is available to the petitioner under Section 15(1) of the Foreign Trade (Development and Regulation) Act, 1992 before the Appellate Authority namely the Zonal Additional Director General of Foreign Trade, Chennai.

3. In view of the availability of alternative remedy, this Court is not inclined to entertain the writ petition filed by the petitioner. Accordingly, the 2/4

same is dismissed. However, the petitioner is at liberty to file an appeal before the competent authority namely Zonal Additional Director General of Foreign Trade, Chennai within a period of four weeks from the date of receipt of copy of this order. If any such appeal is filed, the competent authority shall dispose of the same in accordance with the law. No costs. Consequently, the connected miscellaneous petition is closed.

21.11.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No nr To 1.The Secretary Ministry of Commerce and Industry, Department of Commerce, Udyog Bhavan, New Delhi-110 107.

2. The Director General of Foreign Trade, 4th floor, Shastri Bhawan Annexe, 26, Haddows Road, Chennai-600 006.

3. The Deputy Director General of Foreign Trade, 4th floor, Shastri Bhawan Annexe, 26, Haddows Road, Chennai-600 006.

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S.SOUNTHAR , J.

nr W.P No.34116 of 2024and W.M.P.No. 36929 of 2024 21.11.2024 4/4