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2024 (11) TMI 782

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..... efers to the petitioner s reply to the show cause notice dated 10 November 2020, filed on 25 November 2020. However, after this, it is stated that no reply to the show cause notice has been submitted. This appears to be in contradiction in terms and indicative of non-application of mind. Admittedly, the petitioner had filed a reply dated 25 November 2020 to the show cause notice dated 10 November .....

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..... SONAK JITENDRA JAIN, JJ. For the Petitioner : Mr Roshil Nichani, a/w Mr Aansh Desai i/b Pythagoras Legal,. For the Respondent-State : Ms Jyoti Chavan, Addl. GP,. PC:- 1. Heard learned counsel for the parties. 2. Rule. The Rule is made returnable immediately with the consent of and at the request of the learned counsel for the parties. 3. The challenge in this petition is to the order dated 09 Apri .....

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..... Accordingly, we are satisfied that the impugned order dated 09 April 2021 was made without due compliance with the principles of natural justice and fair play. Ordinarily, the rule of exhaustion of alternate remedies is not strictly enforced when petitions against such orders are entertained. 7. On the above-limited grounds, we set aside the impugned order dated 09 April 2021 and remand the matte .....

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..... can file necessary returns, make payments and comply with other formalities by 11 December 2024. 10. All parties' contentions on merits are left open since we have interfered with the impugned order only on the grounds of failure of natural justice. 11. The rule is made absolute in the above terms without any cost orders. 12. All concerned to act on the authenticated copy of this order. - .....

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