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TMI Blog2016 (4) TMI 1301X X X X Extracts X X X X X X X X Extracts X X X X ..... be disposed of requiring the Adjudicating Authority to take up the case and pass appropriate order. In view of aforesaid development and the duly constituted Adjudicating Authority functioning, the said authority-respondent No.3 herein is directed to proceed with the case and decide the same after giving opportunity of hearing to the parties. It is clarified that this Court has not expressed any opinion on merits. The Adjudicating Authority shall consider the matter on its merits and in accordance with law. The parties are at liberty to raise all contentions including in respect of show-cause notice as may be permissible in law and the Adjudicating Authority shall deal with the same on its merits and decide the matter. - SPECIAL CIVIL ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the similar facts and the controversy, directed the Registry to issue notice on 25.06.2015. Ad-interim relief was granted against further proceedings by the Adjudicating Authority. 5. Thereafter, the respondent authority appeared and filed their reply. 6. Today, when the petition came up for hearing, learned advocate for respondent No.1 submitted to point out from additional affidavit-in-reply filed by Assistant Director, Directorate of Enforcement Department, Revenue Department, Ministry of Finance that the Adjudicating Authority was thereafter duly composed and constituted. The members were already appointed and Section 6 of the Act requiring composition of the authority was complied with. 7. It is stated in paragraph 3 of the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tuted Adjudicating Authority functioning, the said authority-respondent No.3 herein is directed to proceed with the case and decide the same after giving opportunity of hearing to the parties. It is clarified that this Court has not expressed any opinion on merits. The Adjudicating Authority shall consider the matter on its merits and in accordance with law. The parties are at liberty to raise all contentions including in respect of show-cause notice as may be permissible in law and the Adjudicating Authority shall deal with the same on its merits and decide the matter. 11. This petition stands disposed of in the aforesaid terms. Notice stands discharged. Interim relief is vacated. Learned advocate for the petitioners states and agree ..... X X X X Extracts X X X X X X X X Extracts X X X X
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