AJIT GULABCHAND vs DIRECTOR GENERAL OF FOREIGN TRADE

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Pronounced on: 22.04.2025 + W.P.(C) 4260/2014, CM APPL. 8572/2014 AJIT GULABCHAND .....Petitioner versus DIRECTOR GENERAL OF FOREIGN TRADE .....Respondent Advocates who appeared in this case: For the Petitioner : Mr. Dayan Krishnan, Sr. Adv. with Mr. Rishi Agrawala, Ms. Tarini Khurana, Mr. Sukrit Seth, Advs. For the Respondent : Ms. Nidhi Raman, CGSC with Mr. Zubin Singh, Mr. Akash Mishra, Mr. Arnav Mittal, Advs. HON'BLE MS. JUSTICE TARA VITASTA GANJU TARA VITASTA GANJU, J. 1. The grievance of the Petitioner as articulated in the prayers are set out below: “(a) Issue a Writ of Certiorari or any other appropriate writ, order or direction in the nature of Certiorari quashing the Order dated 11.03.2014 passed by the Respondent confirming the penalty imposed by the Orders-in- Original passed by the Jt. DGFT. (b) Pass any such further Order(s) as this Hon'ble Court may deem fit in the facts and circumstances of the present case.” 2. The Impugned Order dated 11.03.2014 was passed by the Directorate General of Foreign Trade [hereinafter referred to as “DGFT”] against M/s Poysha Industrial Company Ltd. and all its Directors, whereby the Four Order(s)-In-Original two dated 08.09.2009 and two dated 17.09.2009 were upheld. These Order(s)-In-Original levied a fine of Rs. 11,50,81,116/- on the Signature Not Verified Digitally Signed By:JAI NARAYAN Signing Date:25.04.2025 W.P.(C) 4260/2014 Page 1 of 19 19:36:45 Company M/s Poysha Industrial Company Ltd. [hereinafter referred to as "Company"] and its Directors. 3. Briefly the facts are that the Petitioner was appointed as a non- executive Director of Company. During the time period of 1989-1991, the Company obtained certain Advance Licenses for importing Tinplates. As per the terms