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2025 (12) TMI 760

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....dhan Shinde For the Respondent : Adv. Karan Adik ORDER 1. Heard learned counsel for the parties. 2. This Petition challenges the show cause notice dated 7 May 2024 and an order dated 30 June 2025. The show cause notice dated 7 May 2024, after adjudication, has culminated into the order dated 30 June 2025. As against this order, the Petitioner has alternate and efficacious remedy. 3.....

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....ue. In any event, this is not a case of 'no opportunity', but at the highest, this is a case of alleged inadequate opportunity. To determine whether there was indeed any violation of natural justice, this Court would have to examine the several factual issues. Besides, it is well settled that there is nothing like a mere technical breach of natural justice. Prejudice must be pleaded and establishe....

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....is stage. No doubt the Petitioner would be at liberty to appeal the impugned order and convince the appellate authority that the findings recorded in the impugned order are incorrect. However, that is not an exercise which the Writ Court can be expected to undertake based upon bare denials. 9. In the case of Oberoi Constructions Ltd. Vs. Union of India & Ors.[2024 SCC OnLine 3508], this Court, ....

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....oners have tried to argue a case that was not even pleaded, apart from giving up the case, which was cursorily pleaded. To deviate from the standard practice of exhaustion of alternate remedies, the Petitioners must make out an exceptional case as was held by the Hon'ble Supreme Court in case of Rikhab Chand Jain (supra). Proper pleadings and material must support such a case. 11. This Court al....