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2024 (7) TMI 988

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..... h the petitioners had filed its response dated 9th February, 2021 - The records, however, reveals that by an order dated 8th March, 2021 the Proper Officer under the said Act by proceeding on the premise that the said firm had failed to reply to the show cause notice had cancelled the firm‟s registration. The matter is remanded back to the Proper Officer for reconsideration of the firm‟s case by taking note of the response given by the petitioners and to decide the same upon giving an opportunity of hearing to the petitioners - Petition disposed off by way of remand. - Raja Basu Chowdhury , J. Mr. Abhijat Das for the petitioners Mr. Anirban Ray , Md. T. M. Siddiqui , Mr. Tanoy Chakraborty , Mr. Saptak Sanyal for the State ORDE .....

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..... nt was forwarded to the petitioners along with the show cause notice. For the reference of the petitioners the said attachment was once again forwarded along with the said communication. 8. It appears that upon receipt of such communication, the petitioners by a letter dated 9th February, 2021 had offered an additional response and had submitted several documents in support of its contention. Particulars of such documents would appear from the aforesaid communication. 9. Incidentally by an order dated 8th March, 2021 the Proper Officer cancelled the said firm‟s registration, inter alia, recording as follows : The RTP fails to reply the SCN. The RTP fails to make his presence every time on the spot enquiry made, the rent agreement furn .....

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..... r the said Act shall not be cancelled on the ground indicated therein. 14. Although, initially, it was claimed on behalf of the said firm that the basis on which the aforesaid show cause notice had been issued had not been disclosed, however, subsequent to the Proper Officer by communication dated 5th February, 2021 clarifying the position and once again by enclosing the documents as an attachment had forwarded the same to the petitioners, the said firm though the petitioners had filed its response dated 9th February, 2021. 15. The records, however, reveals that by an order dated 8th March, 2021 the Proper Officer under the said Act by proceeding on the premise that the said firm had failed to reply to the show cause notice had cancelled th .....

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