9911796707
TMI Blog2023 (1) TMI 902X X X X Extracts X X X X X X X X Extracts X X X X ..... the delay, even when there is justifiable cause as in the instant case as the person concerned looking after the affairs of the company, had passed away, nobody else was deputed and the email had gone into spam folder. It is to be noted that the decision of AGGARWAL DYEING AND PRINTING WORKS VERSUS STATE OF GUJARAT 2 OTHER (S) [ 2022 (4) TMI 864 - GUJARAT HIGH COURT] rendered by this Court is subsequent to the filing of issuance of show cause notice as also the order of cancellation of registration. Therefore, what needs to be done is to quash and set aside the impugned order of the authority concerned for it to issue the show cause notice with requisite details and after following due procedure of law, it shall determine the same. The order of the appellate authority is also quashed. The cancellation of registration is revoked. The show cause notice dated 24.05.2019 issued under Rule 22 of the Rules is also quashed and set aside - petition allowed. - R/SPECIAL CIVIL APPLICATION NO. 25011 of 2022 - - - Dated:- 22-12-2022 - HONOURABLE MS. JUSTICE SONIA GOKANI AND HONOURABLE MRS. JUSTICE MAUNA M. BHATT Appearance: For the Petitioner(s) No. 1 : Hiren J Trivedi ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ich was not being permitted. When he came to know about the cancellation of registration number and certificate with effect from 31.12.2019 and when the spam folder was checked, it was realized that the registration of the company was cancelled. Challenging the revocation under section 13 and cancellation of registration, an application was made. As the period of 30 days had lapsed, it was not allowing to upload the application in terms of Rule 23. The petitioner needed to file return manually, which was not permitted by the common portal. Hence, this application is preferred. 7. Since the appeal had been filed by the petitioner, it was dismissed vide order dated 17.1.22022 on the ground that limitation stated that the appeal is to be filed within 30 days and the same was belated by two years and one month. 8. We have heard Mr.Hiren Trivedi, learned advocate for the petitioner and Ms.Pooja Ashar, learned Assistant Government Pleader for the respondents. 9. On the ground of the order being absolutely cryptic, non-speaking and contrary to the settled position of law, the petition deserves to be allowed. 10. The show cause notice dated 24.05.2019 for cancellation of regist ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... law that reasons are heart and soul of the order and non communication of same itself amounts to denial of reasonable opportunity of hearing, resulting in miscarriage of justice. This Court is bound by the said judgments hereinafter referred to. The necessity of giving reason by a body or authority in support of its decision came for consideration before the Supreme Court in several cases. Initially, the Supreme Court recognized a sort of demarcation between administrative orders and quasi-judicial orders but with the passage of time the distinction between the two got blurred and thinned out and virtually reached a vanishing point in the judgment of the supreme Court in A.K. Kraipak v. Union of India [1970] 1 SCR 457. The Hon ble Supreme Court vide judgments in the cases of Ravi Yashwant Bhoir v. District Collector, Raigad [2012] 4 SCC 407, Sant Lal Gupta v. Modern Cooperative Group Housing Society Ltd. [2010] 13 SCC 336; Kranti Associates (P) Ltd. vs. Masood Ahmed Khan [2010] 9 SCC 496; Abdul Ghaffar vs. State of Bihar [2008] 3 SCC 258, has expanded the horizon of natural justice and reasons have been treated part of the natural justice. It has gone to the extent in hol ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ar and succinct. A pretence of reasons or rubberstamp reasons is not to be equated with a valid decision making process. m. It cannot be doubted that transparency is the sine qua non of restraint on abuse of judicial powers. Transparency in decision making not only makes the judges and decision makers less prone to errors but also makes them subject to broader scrutiny. n. Since the requirement to record reasons emanates from the broad doctrine of fairness in decision making the said requirement is now virtually a component to human rights and was considered part of Strasbourg Jurisprudence. See (1994) 19 EHRR 553 at 562 para 29 and Anya v. University of Oxford, 2001 EWCA Civ 405, wherein the Court referred to Article 6 of European Convention of Human Rights which requires, adequate and intelligent reasons must be given for judicial decisions. o. In all common law jurisdictions judgment play a vital role in setting up precedents for the future. Therefore, for development of law, requirement of giving reasons for the decision is of the essence and is virtually a part of Due Process . Thus, the position of law that emerges from the decisions mentioned above ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
