2024 (10) TMI 1036

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....e Petitioner : Mr Bharat Raichandani, a/w Mr. Mahesh Raichandani i/by UBR Legal. For the Respondents - State : Ms S D Vyas, Addl. GP a/w Ms. P N Diwan, AGP. ORAL JUDGMENT   (PER M. S. SONAK, J.) 1. Heard learned counsel for the parties. 2. Rule. The Rule is made returnable immediately at the request and with the consent of the learned counsel for the parties. 3. The Petitioner challe....

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....esponse dated 21 February 2023, which is at Exhibit-F in the paper book of this Petition. The Petitioner claims that no personal hearing was given, though the Respondents dispute this position. 6. Be that as it may, we find that the impugned order dated 03 July 2023 contains no reasons for the conclusions drawn therein. Under the caption "Discussions and Findings", the impugned order lists the fo....

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....of the above discussions and findings, I pass the following order." 7. After setting out the brief facts of the case and issues, there is hardly any discussion and in any event, there are no reasons to sustain the findings. As noted earlier, the Petitioner had filed a fairly detailed response to the show cause notice. Most of the contentions raised in the response have not been addressed or cons....

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....Therefore, an unreasoned order containing only conclusions, mainly when made by a judicial or quasi-judicial authority, is unsustainable. (See Cyril Lasrado (Dead) by Lrs and Others Vs Juliana Maria Lasrado 2004 (7) SCC 431 and Another, where the Hon'ble Supreme Court referred to the observations of Lord Denning, M. R. in Bareen Vs. Amalgamated Engg. Union (All ER.1154h) 9. The impugned order co....