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Issues: Whether the rejection of the dealer's application for renewal of the recognition certificate was valid when the prescribed fee had not been separately deposited at the time of application, but the dealer sought adjustment of the fee from an admitted refund while the application remained pending.
Analysis: Rule 25-A(3) required payment of the prescribed fee for a recognition certificate, and rule 25-A(7) empowered rejection where the fee was not paid. However, the proviso to rule 25-A(7) mandated that before rejection the dealer must be given a reasonable opportunity to correct or complete the application or comply with the fee requirement. The application had remained pending for years, the dealer was later notified and responded by requesting adjustment of the fee from amounts lying refundable with the department, and the refund position had already come into existence by the time the authority proceeded to reject the application. Reading rule 25-A(3), rule 25-A(5), and the proviso to rule 25-A(7) together, the Court treated compliance after notice through lawful adjustment as sufficient to deny rejection in the circumstances.
Conclusion: The rejection was unjustified and the application could not be refused on that ground; the impugned order was liable to be quashed and recognition certificate was to be granted for the relevant years.