1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7951 of 2009 M/s.Zincollied (India) (Division of Rubamin Ltd.) .. Petitioner versus Union of India & ors. .. Respondents ... Mr.S.V. Sreedharan with Mr.Prakash Shah, P. Vishwanathan i/b PDS Legal for the petitioner. Mr.S.S. Pakale with Mr.S.C. Pal i/b T.C. Kaushik for respondent nos.1 to 5. Mr.R.B. Pardeshi for respondent no.7. CORAM : F. I. REBELLO AND D.G. KARNIK, JJ DATED : 29th September 2009 P.C:- 1. Appearance put on behalf of respondent nos.1 to 5. Notice waived on behalf of respondent no.2. Rule. Heard forthwith. 2. Petitioners are before this court impugning the order dated 28th March 2008 and subsequent order passed in appeal dated 29th April 2009. By the 2 first order, the import licence granted in favour of the petitioner has been cancelled. That order has been upheld in appeal 3. It is the submission on behalf of the petitioner that original order cancelling his import licence was passed on the report submitted by the Director of Revenue Intelligence, Surat. It is submitted that the issue would pertain to use of the scrap material which is imported and export of the goods manufactured out of the scrap. It is submitted post 2000, notification has been amended and even before that, Tribunals have taken a view that local scrap can be utilized in the manufacture of goods which are exported against the scrap imported. 4. Learned counsel submits that they are before the Commissioner in respect of show cause notice issued to them. They submit that they had already showed cause. The matter has been heard and in the mean time, order can be passed in cancelling the import licence. It is submitted that on account of that, the adjudicating authority under the Customs Act are not disposing of the matter as the import licence fees itself has been cancelled. Learned counsel submits that in these circumstances, on various counts including that no opportunity was given by the original authority for hearing before cancelling the licence. The order cancelling the import licence be set aside and matter restored to file of the original authority to decide the issue after the customs decide the show cause notice. 3 5. On behalf of the respondent, learned counsel contends that there is no error in the order passed by the respondent. 5. Having heard the parties in our opinion, ends of justice would be met if the impugned order is set aside and the matter is restored to file of the original authority to decide the issue if cancellation of licence after giving a hearing to the petitioner. In the mean time, Customs Authorities are directed to pass orders on the show cause notice issued to the petitioner herein. It will be open to the original authority which granted the import licence after the customs authority has passed the order, to decide on the show cause notice. 6. Rule made absolute accordingly. Respondent no.7 to dispose of the show cause notice at the earliest. (D.G. KARNIK, J) (F.I. REBELLO, J)