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2020 (2) TMI 1364

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..... nt has not availed any remedy before the Authorities concerned under the Act to press for such waiver on merits. It is not even explained before the Court as to how the present appellant which stepped into the shoes of KMBL after its merger with it, can revive the cause of KMBL, after KMBL had withdrawn the challenge by withdrawal of the writ petition before the Division Bench of this Court withou .....

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..... air, CGC (Absent), for the Respondent. JUDGMENT Aggrieved by the order dated 14-11-2017 passed in Writ Petition No. 4061 of 2014 by the Learned Single Judge in dismissing the writ petition, the writ petitioner therein has preferred this appeal. 2. The case of the appellant is that it is a limited company registered under the Companies Act, 1956. As per the scheme of amalgamation sancti .....

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..... rit petition in writ petition No. 2437 of 2007 itself. The appellant herein after taking over the said KMBL is challenging the impugned order again. 4. The Learned Single Judge has considered the submission of the parties and found that KMBL was before the Board for Industrial and Financial Reconstruction (BIFR) and the scheme was also sanctioned. But the impugned fiscal penalty of ₹ 23,3 .....

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..... drawal of the writ petition before the Division Bench of this Court without reserving any such liberty to reagitate the issue. Hence, the Learned Single Judge had dismissed the writ petition. 6. We find no grounds to interfere with the order of the Learned Single Judge. The appellant herein is unable to show any of its right being violated. Admittedly, KMBL has merged with the present appellant .....

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