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TMI Blog2022 (2) TMI 945X X X X Extracts X X X X X X X X Extracts X X X X ..... d, the writ applicant can take up, as one of the grounds while challenging the final order of confiscation, that the same is ex-parte, or to put it in other words, no opportunity of hearing was given to the dealer. This writ application is disposed off without expressing any opinion on the merits of the matter reserving the liberty in favour of the writ applicant to file an appropriate appeal before the Appellate Authority challenging the legality and validity of the final order passed by the authority of confiscation in Form MOV 11. - R/SPECIAL CIVIL APPLICATION NO. 1125 of 2022 With CIVIL APPLICATION (FOR AMENDMENT) NO. 1 of 2022 - - - Dated:- 16-2-2022 - HONOURABLE MR. JUSTICE J.B.PARDIWALA and HONOURABLE MS. JUSTICE NISHA M. THAK ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2. We have heard Mr. Uchit Sheth, the learned counsel appearing for the writ applicant and Mr. Utkarsh Sharma, the learned AGP appearing for the State-respondents. 3. On 27.01.2022, while issuing notice, this Court passed the following order; We have heard Mr. Uchit Sheth, the learned counsel appearing for the writ applicant. Let Notice be issued to the respondents, returnable on 02.02.2022. Mr. Sheth shall furnish one set of his entire paper book to Mr. Sharma by today itself. Mr. Sharma, the learned AGP shall take appropriate instructions in the matter more particularly, what would be the position once the buyer is said to have withdrawn his complaint. Prima facie, it appears that the proceedings have reached up to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Appellate Authority under Section 107 of the Act. If any appeal is filed, the writ applicant can take up, as one of the grounds while challenging the final order of confiscation, that the same is ex-parte, or to put it in other words, no opportunity of hearing was given to the dealer. 7. We dispose of this writ application without expressing any opinion on the merits of the matter reserving the liberty in favour of the writ applicant to file an appropriate appeal before the Appellate Authority challenging the legality and validity of the final order passed by the authority of confiscation in Form MOV 11. 8. Mr. Sharma clarified that in fact the final order of confiscation had already been passed much before this Court passed the order ..... X X X X Extracts X X X X X X X X Extracts X X X X
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