572

THE GAZETTE OF INDIA : EXTRAORDINARY

[PART II—Sit,

MINISTRY OF COMMERCE

Office of the L/t. Chlsf Controller of ImpoLte and Export

ORDER

Bombay, the 5th February, 1981

SO. 33<KE)

Licence No. P/L/2920070 doted 1-1-80 for

Rs. 1,37,995 against CA. was issued to M/s. Madura Coats

Ltd. (Thread Group), 81, Paiton Road, Bombay-400001 for

import of Raw Material, Components, Consumable Stores

and Packing Materials in accordance with the provi ions mado

in para 106(1) of Part C arid 32(2) of Pait B Sccfon T of

Policy Book for 1977-78 minus items appearing in Appendices

3, 6. 8 and 9 "f AM. 80 Policy Book.

2. Thereafter a Show Cause Notice No.

1259/yyil-rt/

13-9-78/AM. 79/Scpt. 77/REP.I.B dated 14-1-81 was issued

asking them to show cause within 15 days as to why the

aforesaid licence issued in their favour should not be can-

celled in terms of clause 9(c) 9(cc) and 9(d) of the Imports

(Contiol) Order, J955 dated 7-12-55 as amended Lill date on

the ground that the said licence has been forged by the

licensee himself or through his abetment. The licensee has

committed a btcach of the conditions of the licence and the

rules and regulations Ielating to impott of goods and licence

will not therefore serve Ihe purpose for which it was issued.

Tils licensee was also requested to produce the original licence

in duplicate alongwith Ihc reply, if any.

3. In leply to (he Show Cause Notice M/s. Madura Coats

Ltd, h.<ve .cplied by their letter No. Nil dated 27-1-81 denying

Ihc allegation of forgery.

They have stated that the licence

was given to one Mi, V. R. Parikh of M/s. V. Parikh and

Co., Calvetty, Cochin

who

represented to

them

had obtained the endorsement on the licence personally and

collected the licence also personally to avoid Ihc delay and

that after endorsement the licence was given to Ihc Letter of

Authority holder M/s. Kantilal Manilal and Co., Princess

Street, Bombay fo; import of materials.

The licence has not been produced before me inspite of

the Show Cause Notice dated 14-1-81 requiring them speci-

fically to produce the same.

4. From the photo copy of the forw aiding memo and licence

produced before me it is seen that the same was purported to

be signed by Miss S. K. Grewal, Joint Chief Contioller

Impo ts and Fxports with security seal and rubber stamp.

As these arc functions performed by junior officers like Conl-

roller/Asstt. Ch'ef Controller, this endoisemcnt cannot be

accepted as genuine. The undersigned therefore has come

to the conclusion that the above licence No. 2920070 dated

1-1-80 has been forged by the licensee himself or through his

abetment and that the licensee has comimitfed a breach of

the conditions of the licence and rules and regulations relating

to import of goods and therefore the licence will not serve

the purpose for which it was issued. It is therefore necessary

to ensure that the licence is rendered ineffective immediately.

5. Having regard to what has been stated in the preceding

paraj the undersigned is satisfied that the licence in question

should be cancelled ab-initio or rendered ineffective.

There-

fore, the undersigned in exercise of Ihe powers vested in

him under clause 9, Sub-clause (c), (cc) and (d) of the Imports

(Control) Order, 1955 dated 7-12-1955 as amended till date

hereby cancel the licence mentioned above issued in favour

of M/s. Madura Coats Ltd.

6. In case they aje not satisfied with the above decision,

they may file an appeal under clause 1(X2) of the Imports

(Control) Orde., 195S as amended, to the competent Autho-

rity i.e. Additional Chief Controller

of Impo, ts and Exports

Udyoj Bhavan, New Delhi as 'pecificd in Government ol"

India, Ministry of Commeice Imports Trade Control Noti-

fication No. 12/fifi dated 10-11-ftfi, as amended from time

to time and as last amended vide

Ministry of Commerce

Notification No. 17/76 dated 20-8-76 within 45 days from

(he Jale o[ ordd.

Paragraph 265 of the Impoit Trade

Connol Hand Book of Rules and Procedure foi 1980-81

lays down the pnxedute foi filing an appeal.

[No. 1259|9531-A|AM.|79|RRP.I.B.|Scpt, 77]

P. C. S. P1SSURI ENCAR, Dy. Chief Controller of

Imports and Exports

PRINTED BY THE MANAGER, f,O\T. OI INDIA PRFSS, RINC RO*D NEW IJPLIlI-1 100S4

AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS. DELHI-110054, 1981