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2018 (11) TMI 582

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..... .11.2018. Ad interim relief granted earlier to continue till further orders. - MISC. CIVIL APPLICATION NO. 1 of 2018 And IN R/SPECIAL CIVIL APPLICATION NO. 10882 of 2018 - - - Dated:- 1-11-2018 - MR ANANT S. DAVE AND MR A.C. RAO, JJ. For The Petitioner : MR KAMAL TRIVEDI, LEARNED SENIOR ADVOCATE WITH MS PRIYAL PARIKH, ADVOCATE WITH MR HARDIK MODE, ADVOCATE FORNANAVATI ASSOCIATES For .....

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..... he applicants are not cooperating with the authority with regard to subject. 4. Mr.Kamal Trivedi, learned Senior Advocate appearing for the applicants, however, would contend that whenever summons are issued or that may be issued, the applicants are ready and willing to appear before the authority, but apprehends coercive action including arrest, and therefore, protection is sought for. 5. W .....

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..... rs however submitted that this very certificate shows the flash point of the liquid in the range of 78 C to 113 C for different samples as the flash point in case of HSD should be 66 C. The conclusion therefore that the liquid is HSD is not in consonance with the test report. In any case, he contended that the department's own certificate recognized that the department laboratories do not h .....

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..... ct to the petitioners cooperating with the ongoing investigation. In other words, they will promptly make themselves available and respond to any summons that the department may issue. S.O. to 16.08.2018. However, vide order dated 17.09.2019, when pleadings were over and the matter was heard, this Court deemed it proper to issue following directions in Paragraph-6 to be reproduced: .....

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..... ccordance with law. ( iii) Representation shall be made by the petitioner within one week from today, on which the authority shall pass a reasoned order either accepting or not accepting the submissions made in it. 7. The issue is writ-large before the authority and the applicants/original petitioners are duty bound to cooperate with the authorities. By tomorrow, after inquiring, Mr.D .....

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