bgp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4482 OF 2010 M/s.Nayasa Exports Pvt. Ltd. ..Petitioner Vs. Union of India & Anr. ..Respondents Mr.Jitu Motwani i/b. Mr.Parag Shelke for petitioner. Mr.S.V.Bharucha for respondents. CORAM :- V.C.DAGA & S.J.KATHAWALLA,JJ. DATE :- 1ST JULY, 2010. P.C. Heard. Perused petition. 2. Pursuant to our order dated 28th June, 2010, respondent No.2 Joint Director General of Foreign Trade Mr.Jai Karan Singh has filed an affidavit and has tendered an unconditional apology. The affidavit is taken on record and marked “X” for identification. According to him, he has acted upon the letter written to him by the Additional Director General, DRI MZU, instructing him to take necessary action to suspend IE codes immediately under intimation to his office. It is no doubt, true that the letter gives an order to respondent No.2 to take immediate action but that does not mean that the action was to be taken in breach of rule of law. The respondent No.2 being the senior officer having put in more than 20 years of service was expected to know the procedure to be adopted before taking any penal action. 3. Be that as it may, since the Department has filed an affidavit stating that they are in the process of issuing show cause notice and propose to follow principles of natural justice and has activated IE codes of the petitioner, the cause of action to proceed with the petition does not survive. As such, we do not propose to dwell on this issue any more, and hope that respondent No.2 shall henceforth respect the rule of law notwithstanding the instructions of his Superiors which is/are contrary to law. The apology tendered is accepted. Notice is discharged. In the result, Petition is dismissed with no order as to costs. (S.J.KATHAWALLA,J.) (V.C.DAGA,J.)