9911796707
TMI Blog2023 (4) TMI 250X X X X Extracts X X X X X X X X Extracts X X X X ..... ly. (ii) The date of personal hearing within this period may also be fixed to provide the reasonable opportunity of being heard to the petitioner. (iii) The decision shall be rendered by the competent authority within three weeks from the date when the aforesaid exercise of hearing is completed. Petition allowed. - R/Special Civil Application No. 13644 of 2022 - - - Dated:- 23-3-2023 - Honourable Mr. Justice N.V.Anjaria And Honourable Mr. Justice Niral R. Mehta For the Petitioner(s) : Mr. Maulik Nanavati For Nanavati Co. For the Respondent(s) No. 1 : Advance Copy Served To Government Pleader/PP For the Respondent(s) No. 2 : Mr. Raj Tanna, Assistant Government Pleader For the Respondent(s) No. 3 : Notice Se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y details were given as to on what grounds fraud was alleged against the petitioner. It was submitted that notice was vague and did not reveal any specific ground to proceed against the petitioner. 3.1 Learned advocate for the petitioner submitted that no documentary material was relied on in substantiation of one line cryptic reason mentioned in the notice. It was submitted that breach of natural justice was evident inasmuch as in absence of any material, the petitioner was not in position to defend its case. It was submitted that opportunity to defend ought to have been given to the petitioner. It was further submitted that the reasons as well as the record in support of the ground raised in the impugned order ought to have been suppli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sh date of grant of personal hearing. 5. In view of the aforesaid developments and the situation emerging, this petition is disposed of by passing the following directions, (i) The petitioner shall be given time till 15th April, 2023 to submit its reply. (ii) The date of personal hearing within this period may also be fixed to provide the reasonable opportunity of being heard to the petitioner. (iii) The decision shall be rendered by the competent authority within three weeks from the date when the aforesaid exercise of hearing is completed. 5.1 In order to enable the competent authority to undertake the aforesaid exercise and pass fresh order, the impugned notice dated 20.6.2022 is hereby quashed and set aside. 6. It is ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
