( 1 ) PETITIONER seeks quashing of order dated august 4, 1998, passed by respondent No. 2 i. e. the appellate Committee, Ministry of Commerce, Government of India, maintaining the penalty of Rs. 5 lace on the petitioner for non fulfilment of the export obligations. Petitioner also seeks a restraint on the respondents from recovering the penalty amount of Rs. 5 lacs.

( 2 ) THE facts, in brief, culminating in the present petition are as under: petitioner M/s Supercom India Ltd. obtained a letter of approval from the Government of India to set up an industrial unit in the Noida export Processing Zone inter alia for the manufacture of carbon film resistors. The approval was given vide letter dated 1. 1. 1988, and as supplemented by the letter dated 27. 1. 1992,by which the net average value addition was reduced from 31% to 20. 32%. Petitioner was required to export its entire production and the net average value addition was put at 20. 32% as noted above. The other terms and conditions for grant of approval were specified and set out in the two letters, which required the petitioner to take possession of the allotted plot as also to obtain clearances from the Pollution Co