2022 (2) TMI 1494 - HC - Indian Laws

No objection to commence the process of pre-consultation - HELD THAT - The Petitioner is also entitled to raise the issue of jurisdiction and limitation before the Respondent No. 2. The Respondent No. 2 shall pass an Order after hearing the Petitioner as to whether the Show Cause Notice dated 30th December 2020 issued by the Respondent No. 2 can be maintained in law or not. The Respondent No. 2 shall not take any coercive steps against the Petitioner for a period of two weeks from the date of communication of the Order that would be passed by the Respondent No. 2 if the Order is adverse against the Petitioner. Place the matter on board for Directions on 25th April 2022.

Summary

The Bombay High Court, in a judgment delivered by Justices R.D. Dhanuka and S.M. Modak, addressed a procedural matter involving a Show Cause Notice issued by Respondent No. 2. The court noted the Respondents' agreement to commence a "pre-consultation" process and to refrain from proceeding with the Show Cause Notice during this period.The Petitioner agreed to appear before Respondent No. 2 to contest the legality of the Show Cause Notice, raising issues of "jurisdiction and limitation." Respondent No. 2 is tasked with determining the validity of the notice within legal and jurisdictional bounds, and must issue an Order within six weeks post-hearing.The court mandated that the Order be communicated to the Petitioner within one week of issuance. Additionally, Respondent No. 2 is restrained from taking "any coercive steps" against the Petitioner for two weeks following the communication of an adverse Order. The matter is scheduled for further directions on April 25, 2022.