Rashmi Jain vs Additional Director General Of ... on 14 October, 2014

delivered on: 14.10.2014 + W.P.(C) 1788/2011 RASHMI JAIN ..... Petitioner versus ADDITIONAL DIRECTOR GENERAL OF FOREIGN TRADE & ANR ..... Respondents Advocates who appeared in this case: For the Petitioner : Mr Piyush Kumar with Ms Shikha Sapra For the Respondents : Mr Amit Mahajan with Mr Nitya Sharma CORAM:- HON'BLE MR JUSTICE VIBHU BAKHRU JUDGMENT

VIBHU BAKHRU, J

1. The petitioner has filed the present petition impugning orders dated 09.02.2011 and 07.09.2006 passed by respondent nos. 1 and 2 respectively (hereafter referred to as 'impugned orders'). The petitioner is aggrieved by the impugned order dated 07.09.2006 whereby a penalty for a sum of `2,50,000 was imposed upon M/s Balaji Impex (proprietary concern of petitioner's late husband). The appeal preferred by the petitioner's late husband against the impugned order dated 07.09.2006 was dismissed by the impugned order dated 09.02.2011 passed by respondent no.1

2. Briefly stated, the relevant facts for considering the controversy raised in the present petition are as under:

W.P.(C) 1788/2011 Page 1 of 10

2.1 The late husband of the petitioner was in the business of import of metal scrap under the name M/s Balaji Impex (hereafter referred to as "Balaji"). Sometime in October 2004, Balaji placed an order for supply of Heavy Melting Scrap (HMS) from M/s Sun Metal Casting LLC, UAE. Pursuant to the said order, 183.650 MT