( 1 ) THE petitioners are garment exporters and seek to raise common questions of law. The petitioners are impugning the authority of respondent Apparel Export Promotion Council (for short, aepc ) to levy penalty for non-utilisation of the quota allotted to respective petitioners. The petitioners also seek to challenge the basis for calculation of the extent of utilization of the export entitlement.

( 2 ) THE Foreign Trade (Development and Regulation) Act, 1992 (hereinafter to be referred to as, the said Act ) came into force on 19. 6. 1992. The object was to provide for development and regulation of foreign trade and inter alia augmenting exports. Section 5 of the said Act provides for the Central government to formulate and announce the Export and Import Policy from time to time and to amend that Policy. Section 11 stipulates that no exports can be made except in accordance with provisions of the said Act, Rules and Orders made thereunder as also the Export and Import Policy for the time being in force. Sub-section (2) of Section 11 imposes a liability of penalty not exceeding rs. 1,000/- or five times the value of goods in case of violation of provisions