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Modesty Garments v/s Union of India


Company & Directors' Information:- D R GARMENTS (INDIA) PRIVATE LIMITED [Active] CIN = U18101GJ2005PTC046010

Company & Directors' Information:- R. R. GARMENTS LIMITED [Active] CIN = U51900MH1995PLC095544

Company & Directors' Information:- S G GARMENTS LIMITED [Active] CIN = U18101WB2004PLC098193

Company & Directors' Information:- K K P GARMENTS PRIVATE LIMITED [Active] CIN = U65921TZ1994PTC005334

Company & Directors' Information:- B K GARMENTS PRIVATE LIMITED [Active] CIN = U18101DL2001PTC109850

Company & Directors' Information:- THE INDIA COMPANY PRIVATE LIMITED [Active] CIN = U74999TN1919PTC000911

Company & Directors' Information:- N K GARMENTS PRIVATE LIMITED [Active] CIN = U18101DL2000PTC107093

Company & Directors' Information:- K. D. GARMENTS PRIVATE LIMITED [Active] CIN = U18109WB2005PTC101896

Company & Directors' Information:- G AND A GARMENTS PVT LTD [Strike Off] CIN = U18101PB1995PTC016121

Company & Directors' Information:- V H GARMENTS PRIVATE LIMITED [Active] CIN = U52322MH2008PTC181066

Company & Directors' Information:- S. S. GARMENTS PRIVATE LIMITED [Active] CIN = U18101DL1996PTC083315

Company & Directors' Information:- R K GARMENTS PRIVATE LIMITED [Active] CIN = U18100GJ1994PTC023240

Company & Directors' Information:- G. M. GARMENTS PRIVATE LIMITED [Active] CIN = U18109DL2006PTC152683

Company & Directors' Information:- D AND D GARMENTS PRIVATE LIMITED [Active] CIN = U74899DL1975PTC007923

Company & Directors' Information:- INDIA CORPORATION PRIVATE LIMITED [Active] CIN = U65990MH1941PTC003461

Company & Directors' Information:- J S GARMENTS (INDIA) PRIVATE LIMITED [Active] CIN = U74900WB2009PTC135262

Company & Directors' Information:- K. B . GARMENTS PRIVATE LIMITED [Active] CIN = U18109WB2011PTC166954

Company & Directors' Information:- A K GARMENTS PRIVATE LIMITED [Active] CIN = U17120DL2015PTC282847

Company & Directors' Information:- D P GARMENTS PRIVATE LIMITED [Strike Off] CIN = U18101DL2004PTC129479

Company & Directors' Information:- V S GARMENTS PRIVATE LIMITED [Active] CIN = U18101DL2005PTC143084

Company & Directors' Information:- P AND P GARMENTS PVT LTD [Under Process of Striking Off] CIN = U18101DL2005PTC143556

Company & Directors' Information:- V S GARMENTS PRIVATE LIMITED [Active] CIN = U18101HR2005PTC068124

Company & Directors' Information:- L. H. GARMENTS PRIVATE LIMITED [Strike Off] CIN = U17121KA2011PTC060761

Company & Directors' Information:- K R GARMENTS PRIVATE LIMITED [Strike Off] CIN = U17111WB1998PTC087046

Company & Directors' Information:- T & A GARMENTS PVT LTD [Strike Off] CIN = U52321TN1993PTC025318

Company & Directors' Information:- P. S. GARMENTS PRIVATE LIMITED [Active] CIN = U18204DL2007PTC164238

Company & Directors' Information:- S. A. GARMENTS PRIVATE LIMITED [Active] CIN = U17121DL2007PTC165007

Company & Directors' Information:- T S GARMENTS PRIVATE LIMITED [Active] CIN = U51494DL1996PTC076668

Company & Directors' Information:- GARMENTS INDIA PVT LTD [Strike Off] CIN = U51909GJ1979PTC003310

Company & Directors' Information:- I G S GARMENTS PRIVATE LIMITED [Strike Off] CIN = U18101DL2004PTC128723

Company & Directors' Information:- M. P. GARMENTS PRIVATE LIMITED [Active] CIN = U17291DL2007PTC164129

Company & Directors' Information:- K. S. GARMENTS PRIVATE LIMITED [Active] CIN = U18101DL2007PTC164404

Company & Directors' Information:- B G GARMENTS PRIVATE LIMITED [Active] CIN = U74899DL2005PTC142488

Company & Directors' Information:- S P GARMENTS PRIVATE LIMITED [Strike Off] CIN = U18101DL2003PTC120709

Company & Directors' Information:- P N GARMENTS PRIVATE LIMITED [Strike Off] CIN = U51311DL2004PTC127524

Company & Directors' Information:- MODESTY GARMENTS PRIVATE LIMITED [Strike Off] CIN = U18109DL1997PTC090245

Company & Directors' Information:- V P GARMENTS PRIVATE LIMITED [Strike Off] CIN = U18109DL2012PTC233293

Company & Directors' Information:- S T GARMENTS PRIVATE LIMITED [Active] CIN = U18109DL2015PTC277043

Company & Directors' Information:- P L GARMENTS PRIVATE LIMITED [Active] CIN = U17120DL2013PTC248417

Company & Directors' Information:- M. K. GARMENTS PRIVATE LIMITED [Active] CIN = U17291DL2007PTC164395

Company & Directors' Information:- R A GARMENTS PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U18101DL2003PTC123385

Company & Directors' Information:- C S GARMENTS PRIVATE LIMITED [Active] CIN = U18101DL2005PTC134787

Company & Directors' Information:- B L GARMENTS PRIVATE LIMITED [Active] CIN = U18101DL2005PTC136912

Company & Directors' Information:- B D S GARMENTS PRIVATE LIMITED [Active] CIN = U18101DL2005PTC137898

Company & Directors' Information:- T G GARMENTS PRIVATE LIMITED [Strike Off] CIN = U18101DL2005PTC143392

Company & Directors' Information:- G P S GARMENTS PRIVATE LIMITED. [Active] CIN = U18101DL2006PTC149330

Company & Directors' Information:- G P GARMENTS PRIVATE LIMITED [Active] CIN = U18101DL2007PTC161067

Company & Directors' Information:- I B GARMENTS PRIVATE LIMITED [Active] CIN = U51909DL2013PTC257044

Company & Directors' Information:- G P S GARMENTS PRIVATE LIMITED. [Active] CIN = U74110DL2006PTC149330

Company & Directors' Information:- A G GARMENTS PRIVATE LIMITED [Active] CIN = U51300DL2013PTC257609

Company & Directors' Information:- V R V GARMENTS PRIVATE LIMITED [Strike Off] CIN = U51311DL2008PTC182256

Company & Directors' Information:- M V GARMENTS PRIVATE LIMITED [Strike Off] CIN = U74899HR2005PTC141797

Company & Directors' Information:- A AND R GARMENTS PRIVATE LIMITED [Strike Off] CIN = U17120HR2013PTC049037

Company & Directors' Information:- V K GARMENTS PRIVATE LTD [Strike Off] CIN = U18101DL1981PTC012410

Company & Directors' Information:- A S GARMENTS PRIVATE LIMITED [Active] CIN = U17212CH1992PTC012350

Company & Directors' Information:- V R GARMENTS PVT LTD [Strike Off] CIN = U18101CH1991PTC011345

Company & Directors' Information:- S B GARMENTS PRIVATE LIMITED [Strike Off] CIN = U51311DL2005PTC141954

    CW Appeal No. 7046 of 2003

    Decided On, 07 November 2003

    At, High Court of Delhi

    By, THE HONOURABLE MR. JUSTICE BADAR DURREZ AHMED

    For the Appearing Parties: Kuljit Raval, Pravin Chauhan, Raja Chatterji, Vivek K. Goyal, Advocates.



Judgment Text

BADAR DURREZ AHMED, J.


(1) IN this petition it is, inter alia, alleged that the petitioner did not have notice of the hearing before the Second Appellate Committee of the Ministry of Textiles in respect of its second appeal preferred against the First Appellate order dated 16. 7. 2001 which, in turn, arose out of the order of the AEPC dated 22. 10. 1997. The AEPC had by its said order forfeited the amount of Rs. 4,78,379. 00 on the ground that the petitioner had not met its export obligation. This order was confirmed in First Appeal and although the petitioner sought the benefit of the force majeure clause, the First Appellate Authority did not feel that, in the facts of the case, the clause could be invoked.


(2) THE petitioner thereafter filed the second appeal before the Second Appellate Committee. Several notices for different dates of hearing have been issued from time to time. However, hearing was not held on those dates. Ultimately, the Second Appellate Committee passed an order on 14. 7. 2003 whereby the petitioner's second appeal was rejected. Apart from the merits of the matter, the petitioner is aggrieved by the fact that no opportunity of hearing was granted before the impugned order was passed. In particular, he has referred to first paragraph of the impugned order which reads as under:-


" The 2nd Appellate Committee considered the appeal of the above appellant in its meeting held on 14. 7. 2003. None appeared on behalf of the appellant firm for the hearing held on 11. 6. 2003 despite proper notice. The 2nd Appellate Committee decided to take up the case on the basis of the documents available on file. "


(3) FROM the above paragraph, it appears that, first of all, a notice was given to the petitioner for a hearing on 11. 6. 2003. Second, that the petitioner did not appear for hearing on that date. Third, that the appeal was disposed of by the Second Appellate Committee in its meeting held on 14. 7. 2003. On the last occasion when the learned counsel for the petitioner raised this question about opportunity of hearing not being granted, and the impugned order being an ex parte order without notice to the petitioner, I had indicated to the learned counsel for the respondent to produce the original file with regard to the Second Appellate Committee. The same was produced in court today and from the file it becomes apparent that notices for personal hearing were issued in this matter on 5. 3. 2003, 10. 4. 2003, 6,5,2003 and 27. 6. 2003 for personal hearing fixed on 2. 3. 2003, 25. 4. 2003, 21. 5. 2003 and 14. 7. 2003 respectively. There is no notice in respect of any hearing for 11. 6. 2003. Therefore, it becomes clear that the statement contained in the impugned order - " None appeared on behalf of the appellant firm for the hearing held on 11. 6. 2003 despite proper notice" - is contrary to the record. Insofar as the meeting held on 14. 7. 2003 is concerned, there is a letter of the petitioner itself dated 4. 7. 2003 which is on record of the original file whereby the petitioner had requested for an opportunity to explain the case to the Committee in the next Appellate Committee meeting to be held on 14. 7. 2003. The learned counsel for the petitioner was pointedly asked that in view of this statement contained in the letter of 4. 7. 2003, the petitioner was very well aware of the meeting of the Second Appellate Committee which was to be held on 14. 7. 2003 then how could he submit that he had no notice of the same. To this, learned counsel appearing for the petitioner replied that though he was aware that there was going to be a meeting of the Second Appellate Committee held on 14. 7. 12003, this did not mean that on that date the petitioners' case was also posted for hearing. Other matters were listed before the Second Appellate Committee on that date. By the letter dated 4. 7. 2003, he had only requested that his matter also be taken up for hearing on that date. In response to this letter of his, he did not receive any notice and therefore he had no way to know that this case was, in fact, posted for hearing on 14. 7. 2003. It is only on this ground that he submits that he had no notice of the hearing of 14. 7. 2003. Learned counsel for the petitioner further points out that he had submitted a letter dated 14. 7. 2003 itself to the Appellate Committee although he had not appeared for the hearing as, according to him, there was no such opportunity of hearing granted to him. The letter dated 14. 7. 12003 which apparently had been handed over to the Second Appellate Committee on 14. 7. 2003 itself is also on record in the original file which has been seen. However, there is no mention of the contentions contained in the letter either in the Second Appellate Committee's order. There is some ambiguity with regard to the question as to whether the petitioner was properly informed about the hearing to be granted on 14. 7. 2003. Though learned counsel for the respondent has stated that they had already issued notices which have already been mentioned above and in particular for the hearing on 14. 7. 2003 and they say that the same had been dispatched by speed post on 2. 7. 2003. On the letter dated 4. 7. 2003 which had been received from the petitioner there is an handwritten endorsement to the effect :-


" Will attend - as telephonically Infd. "


(4) THIS endorsement, of course, does not bind the petitioner and as there is some doubt, particularly, in view of the palpably incorrect statement t

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hat is contained in the impugned order that a hearing was held on 11. 6. 2003 where nobody appeared on behalf of the petitioner firm despite proper notice, there is sufficient cause that the petitioner did not get an appropriate opportunity of hearing. (5) IN view of these circumstances, it would be appropriate that the matter be remanded to the Second Appellate Committee for hearing afresh after giving notice to the petitioner. It is directed that the appeal be disposed of by the Second Appellate Committee within three months from today. The writ petition is disposed of. Dasti to both the parties.
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