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2024 Supreme(Online)(MAD) 21184

HIGH COURT OF MADRAS
S.M. SUBRAMANIAM, J
M/S.ACCORD DISTILLERIES AND BREWERIES PVT. LTD. – Appellant
Versus
THE SPECIAL DIRECTOR – Respondent


COMMON JUDGMENT

[Judgment was delivered by S.M.SUBRAMANIAM, J.]

The Letters Patent Appeal on hand has been instituted questioning the validity of the show cause notice dated 22.12.2021 and the corrigendum issued consequently in proceedings dated 13.03.2023 and the writ order dismissing the writ petition.

2. Since the show cause notice is under challenge, it is necessary for this Court to consider the grounds regarding entertainability of the writ petition at the first instance. Normally, High Court would not entertain a writ petition challenging show cause notice. On exceptional circumstances, show cause notice issued by an incompetent authority having no jurisdiction or tainted with the allegation of mala fides are entertained under Article 226 of the Constitution of India.

3. The noticees on receipt of such show cause notice, has to defend their case before the authority competent by availing the opportunities to be afforded under the provisions of Acts, Rules and procedures contemplated therein. In the present case, the appellants raised grounds regarding the jurisdiction and therefore it becomes necessary for this Court to interpret the scope of the provisions of the Foreign Exchan

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