2002 (12) TMI 657

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..... sel for the petitioner and Mr Salve, learned Senior Counsel for the opposite party. 3. The question for consideration in this special leave petition is whether the impugned judgment which holds the issuance of the show-cause notice by the Collector in exercise of his suo motu jurisdiction under Section 211 read with Rule 108(6) of the Rules is bad, as it was not exercised within a reasonable ti .....

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..... is power to issue the show-cause notice even after expiry of about four-and-a-half years and in the facts and circumstances, the conclusion that it was not exercised within a reasonable period is not correct. In support of his contention, reliance has been placed on the decisions of this Court in the case of Hindustan Times Ltd. v. Union of India 1998 2 SCC 242 as well as in the case of Uttam Namd .....

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..... t will not apply to a case where money has been withheld by a defaulter and the defaulter holds the money in trust. 7. In our considered opinion, whether the suo motu power has been exercised within a reasonable period would depend upon the facts and circumstances of each case and while exercising that power whether the authority concerned has indicated any reasons for the same. On examining th .....

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