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2024 (9) TMI 1399

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..... working days in advance. The order to be passed shall be a reasoned order dealing with all submissions of Appellant. If the Appellate Authority is going to rely on any order or judgment of any Court or Tribunal or any other forum, a list thereof shall be made available along with the notice for personal hearing. If the order or a judgment is unreported then a copy thereof shall also be made available along with the notice. This is to enable Appellant to deal with/distinguish the judgment or the order. The appeal shall be disposed by 30th November 2024. - K. R. SHRIRAM JITENDRA JAIN, JJ. For the Petitioner : Mr. Prasad Paranjape i/b Lumiere Law Partners. For the Respondents : Ms Sangeeta Yadav. P.C. : 1. This petition has been filed chall .....

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..... 13th August 2024, set aside the order passed by the Appellate Authority and remanded it for de novo consideration. The said order reads as under :- 1. The order dated 29th May 2024 has been impugned on various grounds. One of the grounds is that the appeal has been dismissed on the basis that the appeal has not been signed by authorised signatory and the Appellant has not submitted Board Resolution under the Companies Act, 1956, appointing the said person as authorised signatory to sign the appeals, documents or any other proof of his being authorised signatory of Appellant. Appeal has been signed and verified by one Akshaya P. Herle. We find in the impugned order the Appellate Authority admits that an affidavit has been signed and verified .....

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..... ies. 6. We hasten to add that we have not made any observations on the merits of the matter. 7. Petition disposed. 6. Ms Sangeeta Yadav in fairness, as an officer of the Court, states that even though sufficient notice has not been given of this petition, having considered the impugned order, this Court may dispose this petition as well in the same line as Writ Petition No.11298 of 2024. 7. In these circumstances, we set aside the order-in-appeal dated 5th July 2024 and remand the matter for de novo consideration. 8. Appellate Authority who will hear this appeal shall give personal hearing to Appellant, notice whereof shall be communicated at least 5 working days in advance. The order to be passed shall be a reasoned order dealing with all .....

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