1 WPL183//11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.183 OF 2011 M/s James Mackintosh and Co.Ltd. And anr. ...Petitioners v/s Union of India and others ...Respondents Mr D.D. Madaon, Sr. Counsel i/b Mr A. D Souza and Mr Abhijit Shinde for Petitioners. Mr Muchala, Sr.Counsel with Mr Rajinder Kumar for Respondent No.1. Mr H.W. Kane i/b M/s Motiwala and Co. for Respondent Nos.2 and 3. CORAM : D.K. DESHMUKH AND K.K. TATED JJ. DATE : 3RD FEBRUARY 2011. 2 WPL183//11 P.C. :- 1] Rule, returnable forthwith. Heard finally by consent of the parties. 2] The petitioners, by this petition, challenge the order dated 27th January 2011 issued by the Bombay Port Trust denying import export facility to the petitioners for the next five years i.e. upto 2016. Admitted position is that this order imposing punishment is based on the report submitted by some Committee. Admittedly, copy of the report has never been supplied to the petitioners. Admittedly, before imposing punishment, no show cause notice was issued to the petitioners asking the petitioners to show cause why this punishment should not be imposed on them. The order impugned has thus been passed in blatant breach and in violation of principles of natural justice. The petitioners are subjected to punishment without issuing show cause notice and granting an opportunity of being heard. The order 3 WPL183//11 therefore is liable to set aside. It is accordingly set aside. This order however will not prevent the Bombay port Trust from taking action against the petitioners, if so advised, in accordance with law. Parties to act on the copy of this order duly authenticated by the Associate / Private Secretary of this Court. Certified copy expedited. ( JUSTICE D.K. DESHMUKH ) ( JUSTICE K.K. TATED )