Delhi High CourtAdministrative and Public LawConstitutional Law

Quasi-judicial orders lacking cogent reasons and personal hearing violate principles of natural justice and merit remand.

O C Sweaters Llpv.Union Of India & Ors.

Quasi-judicial orders lacking cogent reasons and personal hearing violate principles of natural justice and merit remand.. O C Sweaters Llp vs Union Of India & Ors.. Delhi High Court. LawLens
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In brief

The question

Whether the impugned orders passed by the PRC, rejecting the petitioner’s request for relaxation, violated the principles of natural justice and contravened the Foreign Trade Policy (FTP).

The court held

The Court answered the issue in the affirmative, holding that the impugned orders were vitiated by non-application of mind and violation of natural justice

It also directed

The High Court set aside the orders dated 03.01.2023, 20.10.2023, and 22.03.2024. The matter was remanded to the competent authority for de novo consideration, with a specific direction to afford the Petitioner an effective opportunity of personal hearing and pass a fresh reasoned order. The writ petition was disposed of accordingly.

01Facts

The Petitioner, a garment manufacturer, obtained an Advance Authorization (AA) No. 0511005106 on 01.10.2021 to fulfill an urgent export order

¶ 3

Due to technical glitches on the Respondents' part, the AA data was not transmitted to the Customs/ICEGATE portal, preventing the Petitioner from processing shipments under the AA scheme

¶ 5

To avoid cancellation of the order, the Petitioner exported the goods under two Shipping Bills (Nos. 6482393 and 6483064) dated 03.12.2021 under the "zero scheme," while noting AA details in the invoices

¶ 5, 33

The Policy Relaxation Committee (PRC) rejected the Petitioner's requests for relaxation and EODC (Export Obligation Discharge Certificate) through orders dated 03.01.2023, 20.10.2023, and 22.03.2024, citing a lack of "cogent reasons" for hardship and denying requests for a personal hearing

¶ 7-9

02Issues

i.Whether the impugned orders passed by the PRC, rejecting the petitioner’s request for relaxation, violated the principles of natural justice and contravened the Foreign Trade Policy (FTP).

¶ 25

03Law Applied

Paragraph 2.59 of the FTP, which vests the DGFT with the power to grant exemptions or relaxation on grounds of genuine hardship or adverse impact on trade

¶ 26-27

Paragraph 2.60 of the FTP, which mandates that a specific request for a Personal Hearing (PH) should be considered for grievance redressal

¶ 28-30

Principles from Kranti Associates (P) Ltd. v. Masood Ahmed Khan, which requires quasi-judicial and administrative authorities to record clear, cogent, and succinct reasons for their decisions

¶ 36-37

Automotive Tyre Manufacturers Association v. Designated Authority, affirming that principles of natural justice must be read into statutory procedures unless expressly excluded

¶ 39

Provisions in the judgment · 1

Foreign Trade (Development and Regulation) Act, 1992 unknown

04Reasoning

The court found that the Petitioner was prevented from availing the AA scheme benefits solely due to a technical glitch (non-transmission of data to ICEGATE) beyond its control

¶ 31, 35

The court observed that despite the Petitioner providing evidence—such as AA details mentioned in GST invoices and the urgency of the export deadline—the PRC failed to engage with these facts

¶ 33-34

The court determined that the PRC’s orders were "mechanical" and amounted to "rubber-stamping" rather than an independent application of mind

¶ 37

By repeatedly denying the Petitioner’s request for a personal hearing, the Respondents violated the procedural fairness contemplated under Paragraph 2.60 of the FTP and fundamental principles of natural justice

¶ 32, 41

As the Respondents failed to file a reply, the Petitioner's assertions regarding the technical glitches remained uncontroverted

¶ 23, 40

05Holding

The Court answered the issue in the affirmative, holding that the impugned orders were vitiated by non-application of mind and violation of natural justice

¶ 41

The High Court set aside the orders dated 03.01.2023, 20.10.2023, and 22.03.2024. The matter was remanded to the competent authority for de novo consideration, with a specific direction to afford the Petitioner an effective opportunity of personal hearing and pass a fresh reasoned order. The writ petition was disposed of accordingly.

¶ 42-43, 45
Delhi High Court

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O C Sweaters LlpvsUnion Of India & Ors.

Delhi High Court · May 08, 2026

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