WP/21567/2026 of D.K.Jaganath Silk Twisting Factory Vs THE APPELLATE AUTHORITY on 7 October 2026

Order

This writ petition is filed for the following relief: “To call for the records pertaining to the impugned order- in-appeal dated 13.06.2023 in F.No. 07/ Addl. DGFT/ Appeal/ 00061/ AM20 passed by the respondent and quash the same.”

2. The petitioner is a private silk twisting factory. The case of the petitioner is that it had obtained advance authorization dated 29.06.2009 from the office of the ADFGT, Bangalore with an obligation to export the goods of value of Rs.1,08,58,848/-. The export obligation was required to be completed on or before 28.06.2012. However, the petitioner could not fulfil the export obligation as the working partner, Mr.D.E.Ambrish had expired. The petitioner would submit that the ADGFT, Bangalore issued a show cause notice, which was not received by them and hence they could not submit their reply. Thereafter, the DDGFT passed the order dated

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11.12.2019, which was received by the petitioner on 02.01.2020.

3. Challenging the same, the petitioner preferred an appeal. The petitioner would submit that they were diligent in all hearings and responding to the queries raised by the appellate authority. Thereafter, no order has been passed and therefore the petitioner’s counsel sent a letter dated 10.12.2025, to the respondent requesting the status of the appeal. The petitioner received an email dated 18.12.2025 from the respondent stating that the order in appeal was issued on 13.06.2023 and the same has also been uploaded on the DGFT website. The petitioner checked the website where the soft copy of the order dismissing the appeal was attached. The grievance of the petitioner is that the said order is non speaking one.

4. Further, to the RTI query a reply was received by the petitioner that the appeal was filed beyond the prescribed period of 45 days. Hence, no order has been passed. The petitioner is now faced with a corundrum where the respondent claims an order was passed in June 2023, while the RTI reply states that no order has been passed in the appeal. Be that as it may, challenging the order dated 13.06.2023, the petitioner is before this

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Court.

5. Heard the learned counsels on the either side and perused the records.

6. A mere perusal of the order dated 13.06.2023 clearly shows that the same is a non-speaking order. Considering the fact that the impugned order is a non-speaking order, without traversing into the facts and merits of the case, the impugned order dated 13.06.2023 is quashed and the matter is remitted back to the respondent. The respondent shall dispose of the appeal within a period of 8 weeks after giving an opportunity of being heard to the petitioner. It is needless to state that the petitioner shall participate in the enquiry.

7. This writ petition is allowed with the above direction. Consequently, the connected miscellaneous petitions are closed. No costs. 07-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No KAN

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To The Appellate Authority and Zonal Additional Director General of Foreign Trade, 4th Floor, Shastri Bhavan Annexe, No. 26 Haddows Road Chennai 06

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P.T.ASHA J. KAN WP No. 21567 of 2026 07-10-2026

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