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TMI Blog2024 (5) TMI 1376X X X X Extracts X X X X X X X X Extracts X X X X ..... al order, if passed shall not be given effect to nor the same shall be uploaded in the portal, without the leave of this Court. Further taking into consideration the fact that by reason of challenge thrown by the petitioner to the show cause notice since no response had been filed by the petitioner, time to file the response by the petitioner is extended by a period of four weeks from date. If the petitioner files its response within the afforded extended period, the same shall be taken into consideration by the proper officer - The proper officer being otherwise obliged to, shall afford an opportunity of hearing to the petitioner in connection with the response filed by the petitioner. List this matter under the heading hearing in the comb ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... st March 2020, submits that a power has been conferred on the government to extend the time limit prescribed or notified under the Act in special circumstances in respect of actions which cannot be completed or complied with due to force majeure. The show cause notice dated 28th March 2024 is in fact an initiation of proceedings to pass an order under Section 73(9) of the said Act. The aforesaid notification could not have been issued to extend the time for initiation of fresh proceeding. The aforesaid notification as also the aforesaid show cause notice had been issued in colourable exercise of power. A valuable right has already accrued in favour of the petitioner. She submits that unless the impugned show cause notice is stayed, it is mo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y a period of four weeks from date. If the petitioner files its response within the afforded extended period, the same shall be taken into consideration by the proper officer. 10. The proper officer being otherwise obliged to, shall afford an opportunity of hearing to the petitioner in connection with the response filed by the petitioner. For the aforesaid purpose, the proper officer shall ensure that the response button tab is kept activated on the portal for the petitioner to submit its response. 11. Since, the issue involved in the writ petition would be decided upon exchange of affidavits, let affidavit-in-opposition be filed within four weeks after the summer break. Reply, if any, thereto be filed two weeks thereafter. 12. List this ma ..... X X X X Extracts X X X X X X X X Extracts X X X X
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