Condonation of refiling delay refused where repeated defects, lack of diligence and vague explanations defeated the appeal against resolution plan app...
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The HC set aside both the show cause notice (SCN) dated 01.11.2024 and the consequential final order dated 16.01.2025 cancelling the petitioner's registration. The Court determined that the SCN was legally deficient as it merely stated conclusions about regulatory violations without providing factual details or substantive reasons supporting those allegations. This contravened established principles of natural justice articulated in a previous HC ruling (W.P.No.20080 of 2024). The Court emphasized the critical distinction between "reasons" and "conclusions," finding that departmental authorities had improperly substituted conclusions for actual reasoning. As the SCN formed the foundation for the final cancellation order, both were deemed unsustainable under judicial scrutiny.
The HC set aside both the show cause notice (SCN) dated 01.11.2024 and the consequential final order dated 16.01.2025 cancelling the petitioner's registration. The Court determined that the SCN was legally deficient as it merely stated conclusions about regulatory violations without providing factual details or substantive reasons supporting those allegations. This contravened established principles of natural justice articulated in a previous HC ruling (W.P.No.20080 of 2024). The Court emphasized the critical distinction between "reasons" and "conclusions," finding that departmental authorities had improperly substituted conclusions for actual reasoning. As the SCN formed the foundation for the final cancellation order, both were deemed unsustainable under judicial scrutiny.
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