9911796707
TMI Blog2024 (12) TMI 64X X X X Extracts X X X X X X X X Extracts X X X X ..... the material used against the petitioner nor any finding was recorded that the alleged material used against the petitioner was confronted with. In the absence of any such finding, the appellate order cannot be sustained in the eyes of law. This Court in APPARENT MARKETING PRIVATE LIMITED. VERSUS STATE OF U.P. AND 3 OTHERS [ 2022 (3) TMI 493 - ALLAHABAD HIGH COURT] decided on 5.3.2022 has set aside the impugned order with liberty to the respondent authority to issue a notice in accordance with Section 29 (2) of the Act. The impugned orders dated 31.3.2022, 26.3.2021 and 16.12.2020 are hereby set aside - Petition allowed. - Hon'ble Piyush Agrawal, J. For the Petitioner : Praveen Kumar For the Respondent : C.S.C. ORDER HON'BLE PIYU ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed a revocation application on 1.2.2021 to which again a show cause notice was issued in which neither any date nor time has been mentioned for personal appearance of the petitioner. The petitioner has submitted explanation before respondent no. 5 on 5.3.2021 in which he again prayed for opportunity of personal hearing however vide order dated 26.3.2021, the revocation application was rejected. Feeling aggrieved to the said order, the petitioner filed two separate appeals i.e. one against the order dated 16.12.2020 and the other against the order dated 26.3.2021, in which, he also filed written submission taking plea that the impugned orders have been passed without giving proper opportunity of personal hearing to the petitioner as required ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... no details for submission of reply or personal hearing was mentioned and the revocation application was rejected without assigning any proper reason. The registration of the petitioner can be cancelled as per Section 29 (2) of the Act, which contemplates five conditions i.e. (a) to (e). The record shows that none of the conditions as contemplates under Section 29 (2) (a) to (e) violated by the petitioner has been referred in the impugned order. Once the conditions stipulated under the statute have not been violated or any specific finding as per the law has not been recorded, the registration of the petitioner is not liable to be cancelled. The record shows that cancellation order has neither refer any violation of conditions mentioned und ..... X X X X Extracts X X X X X X X X Extracts X X X X
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