9911796707
TMI Blog2018 (8) TMI 640X X X X Extracts X X X X X X X X Extracts X X X X ..... can also be highlighted. The petitioners can highlight the inaction of the authorities in not dealing with the representation of the petitioners promptly. The Tribunal has been consistently entertaining appeals and even against the orders of suspension. Petition dismissed for want of alternate and equally efficacious remedy. - Writ Petition No. 7441 of 2018 - - - Dated:- 6-8-2018 - S.C. DHARMADHIKARI SMT. BHARATI H. DANGRE, JJ. Mr. Atish D. Ray i/by Mr. Prashant Nakati for the Petitioners. Mr. Karan Adik with Mr. Ram Ochani for the Respondents. P.C: 1. The petitioners in this petition claim that petitioner No.1 is a Clearing and Forwarding Agent and petitioner No.2 is its Director. 2. The petitioner No.1 w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... but is still open for being availed of. 9. The other argument is that, when a statute lays down a procedure for a thing to be done in a certain manner, then, such thing has to be done in that manner only and all other methods of performance are strictly forbidden. Reliance is strongly placed on the Judgment of the Privy Council in the case of Nazir Ahmed vs. King Emperor, reported in AIR 1936 PC 253 (2) and followed and applied in the case of Ramchandra Keshav Adke vs. Govind Joti Chavare others , reported in AIR 1975 SC 915. 10. The respondents have not served an order of suspension and such an entry simpliciter, therefore, would not suffice far from taken to be as compliance with law. 11. The respondents, appearing t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ite can also be highlighted. That can be made as a ground of challenge and the Appellate Authority's attention could be invited to the rules and the procedural matters which would have to be complied with before suspending the licence. The petitioners thus can highlight every possible grievance, including that the manner chosen or adopted contravenes the law. Further, the petitioners can highlight the inaction of the authorities in not dealing with the representation of the petitioners promptly. The Tribunal has been consistently entertaining appeals and even against the orders of suspension. It has on several occasions granted relief when it has found a patent illegality or non-adherence to the rule of law. We have no doubt in ou ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
