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2010 (3) TMI 994

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..... their security. I order accordingly. However, as the CHA licence is already revoked by another order, this order will become automatically operative in the eventuality of earlier order getting set aside in an appellate forum, this order being issued under independent and separate proceedings. The appellant is in appeal against this order. 2. Learned advocate, Shri Kantawala, submitted that this order is totally incorrect in view of the fact that Commissioner has exceeded his jurisdiction in ordering that this order would become operative in the eventuality of an earlier order revoking the licence gets set aside. He submits that such an order could not have been passed at all. 3. Further, he submits that the licence has been revoked i .....

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..... r M/s. Ganesh Enterprises, it was submitted that all the records were seized from the CHA and if the department were to provide the records, the authorization could have been found. As regards third charge, the learned advocate submitted that the CHA did not have the knowledge of the over-valuation or substandard nature of garments and there is no evidence to show that they had such knowledge. 5. Learned DR on the other hand reiterates the observations of the Commissioner in his order. He submits that the very same submissions which were made before us were made before Commissioner also and he has recorded his findings in respect of each and every argument putforth here. He submits that the claim of the appellant that the persons who acte .....

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..... re using CHA licence on payment. He submitted that in view of the above, it has been clearly shown by the department that M/s. Mhatre Sons, CHA licence was allowed to be used by others for payment. They did not know for whom they were working for because of this reason. As regards authorization it was submitted by the learned DR that in view of the statements of concerned persons it becomes clear that Shri Mhatre was not aware of Ganesh Enterprises or Shri Subrat Nair. If he had obtained authorization, he would be definitely aware. As regards the third charge, it may be true that the CHA did not have knowledge of substandard garments but it is quite clear that the CHA violated the provisions of Regulation 13(3) of the CHALR 2004 since the .....

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..... he gross violation of CHALR, even though proceedings have been delayed, we cannot find fault with the department and quash the proceedings on the ground of delay. 8. As regards the contention of the learned advocate that the order could not have been passed to make revocation operative in the event of the earlier order of revocation being set aside, we have to observe that it is quite common in criminal proceedings to specify that either the sentences will run concurrently or separately. In this case while passing the revocation order Commissioner has observed that the revocation is not concurrent and is not linked to the other revocation. If it is held by an appellate forum that revocation is not justified in the other case, naturally if .....

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