2021 (7) TMI 603

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....d 2002-03. 2.Though the name of the petitioner has been printed in the cause list, there is no representation for him either in person or through counsel. 3.The petitioner is M/s.Rukma Industries Limited, which was amalgamated/merged with M/s.Surana Corporation Ltd., as per the scheme of amalgamation order passed by the Hon'ble High Court in C.P.No.95 to 97 of 2004, dated 07.07.2004 and M/s.Rukma Industries Limited ceased to exist. The fact regarding the amalgamation was intimated to the 1st respondent, by the petitioner, on 07.09.2004. In spite of the fact, an information was provided, the 1st respondent issued notice and thereafter passed the impugned orders in the name of M/s.Rukma Industries Limited, which is not in existence ....

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.... there is an illegality or otherwise. Thus, dispensing with an appellate remedy is to be granted cautiously in view of the fact that the very purpose and object of legislation providing an appellate remedy cannot be diluted nor the benefit be denied to the aggrieved person to exhaust the same. The statutory appellate authorities are the final fact finding authorities. Thus, the finding to be made by such appellate authorities with reference to the documents and evidences are of paramount importance for the purpose of exercise of judicial review by the High Court under Article 226 of the Constitution of India. 5.The power of judicial review of the High Court under Article 226 of the Constitution of India is to scrutinize the processes thr....