Legal principle

Where a statutory review petition under Section 16 of the FTDR Act, 1992 lies pending before the DGFT, the High Court under Article 226 may, without disturbing the original or appellate orders, direct its disposal on merits within a fixed time after affording the applicant an opportunity of hearing.

Court decision

The writ petition was disposed of on the petitioner's limited request: the Court expressly did not interfere with the impugned proceedings of the first and second respondents, and directed the third respondent (DGFT) to consider the review petition dated 24.10.2025 and pass appropriate orders on merits and in accordance with law within six weeks of receipt of a copy of the order, after providing an opportunity to the petitioner. There was no order as to costs, and the connected miscellaneous petitions were closed. The outcome favoured the petitioner only to the extent of securing a time-bound hearing of its review petition.

Facts

M/s Unilink Pharma Private Limited, a private limited company exporting medical products, was penalised by the Joint Additional Director General of Foreign Trade (Adjudicating Authority) by Order-in-Original dated 02.11.2023, in proceedings connected with Advance Authorisation No.0410138329 dated 20.07.2012, and its IEC No.0404032214 was placed on the Denied Entity List. Its appeal, filed with delay before the Zonal Additional DGFT (Appellate Authority), was dismissed on 27.03.2024 as the delay was refused condonation. The company then filed a review petition under Section 16 of the Foreign Trade (Development and Regulation) Act, 1992 before the DGFT on 24.10.2025, which remained pending without consideration. It therefore moved the Madras High Court under Article 226 seeking quashing of both orders, removal from the DEL, and a direction to decide the review petition.

Key provisions

• Section 16, The Foreign Trade (Development and Regulation) Act, 1992 — Review.