Sayaji Iron and Engineering Co. Private Limited v. UNION OF INDIA
1996-07-02
B.C.PATEL, R.R.JAIN
body1996
DigiLaw.ai
B. C. PATEL, J. ( 1 ) THE petitioner, a Private Limited Company, has filed this petition challenging the communications at Annexures b and f, seeking to recover from the petitioner the amount of Cash Compensatory Support paid to it. ( 2 ) THE petitioner is engaged in the business of manufacturing, construction, quarry, road making, material handling equipments and other equipments. The petitioner company is also exporting its products to various countries since 1964, as averred in the petition. Against export of materials, the petitioner applied for Cash Compensatory support under the Simplified Payment Scheme for Export Benefits on Exports and the petitioner was given benefit of the scheme. ( 3 ) BY a letter dated 14. 9. 1982, at annexure b, the petitioner was informed that against six file numbers mentioned therein, payment of CCS made to the petitioner was not in order and therefore it is decided to recover Rs. 5,17,618. 00 from the petitoner. It is also mentioned in the said communication that against five file numbers mentioned in the said communication, an amount of Rs. 45,339. 00 have already been recovered from the petitioner and Rs. 4,72,119. 00 will be adjusted from future entitlements. By another letter dated 8. 12. 1986 at Annexure f, the petitioner was again informed that against the seven file numbers mentioned in the said letter, (six of which was referred to in earlier letter plus another file), a sum of Rs. 5,17,800/ has been incorrectly paid as ccs, out of which a sum of Rs. 1,62,793. 00 has been adjusted/recovered from the petitioner from the CCS claims submitted during AM 82 onwards, leaving a balance of rs. 3,55,007/- and the petitioner was called upon to remit the balance amount within seven days from the date of receipt of that letter. ( 4 ) FROM the order itself, it is very clear that the same has been passed without hearing the petitioner. Therefore, without entering into the arena of the merits of the matter and expressing any opinion thereupon, we set aside the orders at Annexures b and f and remand the matter to the Joint Chief Controller of Imports and Exports (now re-designated as Director General of Foreign Trade) with a direction to pass a fresh order in accordance with law after hearing the petitioner.
( 5 ) THIS Court, while issuing rule has restrained the respondents from making adjustments from the subsequent cash compensatory support which will become available to the petitioner in future. In view of the peculiar facts and circumstances of this case, since the order is passed without hearing the petitioner, we direct that the respondents shall not make adjustments from the subsequent cash compensatory support till fresh order disposing of the matter is passed and the same is communicated to the petitioner. Rule made absolute accordingly, with no order as to costs. .