IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8957 OF 2007 WRIT PETITION NO.8957 OF 2007 WRIT PETITION NO.8957 OF 2007 M/s.Wilder Tex Fabs )..Petitioner Versus Union of India & Anr. )..Respondents ---- Mr.S.M.Kantawala with H.K.Sudhakaran i/by M/s.Khaitan & Co. for the petitioner. Mr.R.B.Raghuvanshi with Y.S.Bhate with Afroz Shah for the respondents. ---- Coram : F.I.REBELLO & Coram : F.I.REBELLO & Coram : F.I.REBELLO & R.S.MOHITE,JJ R.S.MOHITE,JJ R.S.MOHITE,JJ Date : 18.01.2008. PC 1. Rule. Heard forthwith. 2. The petitioner has approached this Court and sought a relief that his name has been placed in Denied Entities List (DEL) without following due procedure and consequently, the same be quashed and set aside. Respondents have filed a reply. 3. To include the name of a person in the Denied Entities List (DEL) the procedure as prescribed in the guidelines issued viz. GUIDELINES FOR MAINTAINING THE DENIED ENTITIES LIST dated 31.12.2003 must be complied. Part no.1 of the said guidelines reads as under :- : 2 : " This demand notice shall indicate that the firms’ inability to submit documents within prescribed duration will lead to refusal of license under Rule 7 of the Rules and the firm’s name will be placed in the DEL..................." 4. The show cause notice forms a part of the annexure to the reply filed by the respondents. We have perused the said show cause notice which is a show cause notice under Section 14 for action under 11(2) of Foreign Trade (Development & Regulation) Act, 1992. We do not find that in the show cause notice is there anywhere any statement which would indicate that the petitioner had been noticed that his name would be included in the Denied Entities List (DEL). As there is failure to comply with the procedure, the inclusion of the petitioner’s name in the Denied Entities LIst (DEL) would be arbitrary and consequently relief as sought will have to be granted. However, it is always open to the respondents after following the procedure as set down the guidelines, to take appropriate action according to law. 5. In the light of the above, rule made absolute in terms of prayer clause-(a) with liberty as set out in the earlier part of the order. : 3 : (R.S.Mohite,J) (F.I.Rebello,J) (R.S.Mohite,J) (F.I.Rebello,J) (R.S.Mohite,J) (F.I.Rebello,J)