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2024 (6) TMI 82

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..... een filed. 2. Although, the said Act provides for an appellate forum, however since the Appellate Tribunal under Section 112 of the said Act is yet to be constituted, the present writ petition had been entertained. 3. The matter pertains to a challenge to an order dated 10th August, 2023, cancelling registration of the petitioner no. 1 under the said Act. 4. Prior to issuance of the order of cancellation, the proper officer had issued a show cause dated 6th July, 2023. To morefully appreciate the grounds based on which the said cancellation was proposed, the same is extracted hereinbelow:- 1. Section 29(2)(e) registration obtained by means of fraud willful misstatement or suppression of facts 2. Rule 21(a) person does not conduct an .....

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..... plication being CAN 1 of 2024, submits that in the light of the aforesaid report the very basis of passing the order of cancellation of the petitioners' registration under the said Act stands removed. As such, he prays for restoration of the petitioners' registration under the said Act by not only setting aside the order of cancellation dated 10th August, 2023 but also the appellate order dated 23rd February, 2024, appearing at page 97 of the writ petition. 8. Mr. Siddiqui, learned advocate representing the respondents submits that since a joint inspection had been held and the respondents are otherwise satisfied as regards existence of the petitioner no. 1, necessary direction may be issued by this Court. He, however, submits that appropr .....

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..... x, interest, fine and penalty. As a sequel thereto, the order passed by the appellate authority under Section 107 of the said Act dated 23rd February, 2024 shall also set aside. 11. It is made clear that if the petitioners comply with the direction/conditions noted above within a period of 8 weeks from date of receipt of a server copy of this order, the petitioner no. 1's registration under the said Act shall be restored by the jurisdictional officer. However, if the petitioners fail to comply with the directions as aforesaid, the benefit of this order will not enure to the petitioners and the writ petition would stand automatically dismissed. 12. For the purpose of compliance of the above directions, the jurisdictional officer is directe .....

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