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TMI Blog2011 (7) TMI 777X X X X Extracts X X X X X X X X Extracts X X X X ..... hdraw from the partnership and to have his name as partner deleted from the licence - In the absence of the findings on relevant aspects of the matter, the order cannot be sustained and the matter will have to be sent back to the Minister, Department of State Excise, Mumbai, for deciding the matter afresh - petition is allowed - Writ Petition No. 1714 of 2009 - - - Dated:- 19-7-2011 - R.K. De ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ated 31.7.2002, dismissed the appeal maintaining the order of rejection of the application for deletion of the name of the petitioner from F.L.II Licence. Both the authorities have recorded the concurrent finding, that the partnership between the petitioner and the respondent nos.4 has not been dissolved and hence, the Collector, Washim, cannot take cognizance of the termination of the partnership ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ister, Department of State Excise, Mumbai, could not have set aside the orders passed by the Collector, Washim and the Commissioner, State Excise, Maharashtra State, Mumbai without setting aside the concurrent findings recorded that the partnership between the petitioner and the respondent nos.4, has not been lawfully dissolved. In the reply filed by the respondent nos.1 to 3, it is not disputed t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ld be deleted from the licence. The Minister, Department of State Excise, Mumbai, has, therefore, committed an error in holding, that the dispute is required to be adjudicated by the competent Civil Court. The Minister, should have dealt with the findings recorded by the authorities below, on its own merits. In the absence of the findings on relevant aspects of the matter, the order cannot be sust ..... X X X X Extracts X X X X X X X X Extracts X X X X
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