1 WP.671.2011.sxw mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 671 OF 2011 M/s. Bhikshu Margam ...Petitioner Vs. Union of India & Ors, ...Respondents Mr. V. Shridharan with Mr. Prakash Shah i/b. PDS Legal for the Petitioner Mr. A.J. Rana, Sr. Counsel with Mr. A.S. Rao for the Respondents CORAM: J.P. DEVADHAR & SMT. ROSHAN DALVI, JJ. DATED: 10TH MARCH, 2011 P.C. 1. Heard. Rule returnable forthwith. 2. By consent the Petition is taken up for final hearing. 3. The Petitioner is aggrieved by the order of the Directorate General of Foreign Trade (DGFT) as also the order of the Appellate Committee dated 5 th January 2011. 4. By order dated 5 th May 2010 the DGFT has rejected application of the Petitioner seeking license to import marble 2 WP.671.2011.sxw blocks as per the guidelines issued vide notification No.36 dated 31 st March 2010 and policy circular No.29 dated 31 st March 2010 for the financial year 2010-2011. Perusal of the order in original dated 5 th May 2010 shows that the application made by the Petitioner has been rejected on the ground that the Petitioner has violated Rule 7(1)(c), (e), (f) and (g), of the Foreign Trade (Regulation) Rules, 1993. 5. However, the reasons for arriving at the above conclusion has not been set out in the said order. The only reason given in the said order relates to Rule 7(1)(f) of the 1993 Rules. 6. In this view of the matter, the order in original dated 5 th May 2010 as also of the order of the Appellate Committee dated 5 th January 2011 are quashed and set aside and the Joint Directorate General of Foreign Trade or any authorised officer is directed to pass fresh order on the application filed by the Petitioner after giving a personal hearing to the Petitioner as expeditiously as possible in any event not later than 2 weeks from today. 7. Rule is made absolute in the above terms with no order as to costs. (Smt. Roshan Dalvi, J.) (J.P. Devadhar, J.)