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TMI Blog2021 (4) TMI 791X X X X Extracts X X X X X X X X Extracts X X X X ..... issue concerning delay in adjudicating upon the show cause notice, and its consequences in law. - W.P.(C) 6042/2020 - - - Dated:- 15-4-2021 - HON'BLE MR. JUSTICE RAJIV SHAKDHER AND HON'BLE MR. JUSTICE TALWANT SINGH Petitioner Through : Mr. Tarun Gulati, Sr. Adv. With Mr. Ankit Sachdeva, Mr. Sparsh Bhargava and Mr. Kamal Sahwney, Advs. Respondents Through : Mr. Manish Mohan, CGSC with Mr. Srivats Kaushal and Ms. Manisha Saroha, Adv. for R-1. Mr. Harpreet Singh, Sr. Standing Counsel with Mr. Arunesh Sharma and Ms. Suhani Mathur, Advs. For R-2 3. O R D E R 1. This is a writ petition directed against the communication dated 26.02.2020, whereby the petitioner was directed to comply with the conditions contained ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or adjudication in the aforementioned show cause notice, is as to whether or not the petitioner violated the conditions based on which it was granted permission to extend Non-Scheduled Air Transport Services (in short NSAT Services ) to its customers. 3.1 According to the contesting respondents, since the subject aircraft was used to ferry the officials and/or employees of the petitioner, there was a violation of the conditions, based on which approval was granted. 3.2. The petitioner, in support of its plea, has relied upon the Civil Aviation Requirements (in short CAR ) issued by the Directorate General of Civil Aviation (in short DGCA ) from time to time. According to the petitioner, if the provisions of CAR are taken into accou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dingly, the writ petition is disposed of with the following directions: (i) The concerned statutory authority will adjudicate upon the show cause notice dated 18.09.2013. [We are told that a reply qua the same has been filed by the petitioner.] (ii) The petitioner will have liberty to file a supplementary reply which, as Mr. Gulati says, would, inter alia, advert to the issue concerning delay in adjudicating upon the show cause notice, and its consequences in law. (iii) The concerned statutory authority will issue a written notice to the petitioner indicating therein, the date, time and venue, at which personal hearing will be granted, albeit through, its authorized representative. (iv) The concerned statutory authority a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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