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2024 (12) TMI 931

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..... ce - HELD THAT:- Admittedly, the grounds relating to the delay in filing the appeal was not put to the petitioner by respondent No. 2. Respondent No. 2 ought to have brought to the notice of the petitioner to show cause as to why the appeal should not be dismissed on the ground of delay and ought to have sought explanation. Having not done so, there is a breach of natural justice. In so far as the .....

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..... the Petitioner: Mr. Prakash Shah, Mr. Jas Sanghavi and Mr. Shamik Gupte i/by PDS Legal. For the Respondents: Mr. S.R. Ketkar a/w Mr. Satyaprakash Sharma. P.C. (JITENDRA JAIN, J.):- 1. Rule. The Rule is made returnable immediately at the request of and with the consent of the learned counsel for the parties. 2. By this petition under Article 226 of the Constitution of India, the petitioner seeks t .....

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..... tioner by respondent No. 2. In our view, respondent No. 2 ought to have brought to the notice of the petitioner to show cause as to why the appeal should not be dismissed on the ground of delay and ought to have sought explanation. Having not done so, there is a breach of natural justice. 6. In so far as the grounds relating to the non-filing of board resolution authorising Mr. Udeshi are concerne .....

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..... efore us, and in all those matters, we have quashed and set aside the appeal order and remanded the matter back to the said appellate authority. One such order passed by this bench is in the case of Delphi World Money Ltd Vs. The Union of India and ors Writ Petition (L) No. 28914 of 2024 decided on 11 November 2024. Because of the above and consistently following said decisions, we quash and set a .....

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