Prateek Mines And Minerals Pvt. Ltd. And ANR. v. Union Of India And ORS.

OD-04 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

CIVIL APPELLATE JURISDICTION ORIGINAL SIDE APO/44/2021 WITH WPO/69/2021 PRATEEK MINES AND MINERALS PVT. LTD. AND ANR. -VSUNION OF INDIA AND ORS.

BEFORE:

HON'BLE JUSTICE RAJASEKHAR MANTHA HON'BLE JUSTICE SUPRATIM BHATTACHARYA DATE: 22ND AUGUST 2023.

APPEARANCE:

Mr. Mr. A. Chatterjee, Sr. Adv.; Mr. S. Basu, Adv.; Mr. S. Kabiraj, Adv., appear for appellants. Mr. V. Kundalia, Adv.; Mr. A. Roy, Adv., for respondents.

1. THE COURT: Having heard Mr. Abhijit Chatterjee, learned senior counsel for the appellants, this Court has carefully considered show cause notice dated 1st January, 2021, under Section 9 and 11 of the Foreign Trade (Development and Regulation) Act, 1992. By consent of the parties the following order is passed.

2. The impugned show cause notice dated January 1, 2021, to the extent that it refers to the letter dated August 19, 2019, may be ignored by the parties. The appellants shall answer the merits of the said show cause notice within a period of five weeks from date.

3. The Deputy Director General of Foreign Trade shall, within a period of two months after receiving cause/answer from the appellants, pass appropriate orders on the merits of the show cause notice.

4. It is understood that other procedural and technical objections including maintainability shall not stand in the way of the adjudicatory process under Section 9 and 11 before the Deputy Director General.

5. The appeal being APO/44/2021 shall stand disposed of. (RAJASEKHAR MANTHA, J) (SUPRATIM BHATTACHARYA, J) tk