Abdullah Abdul Rehman Gigani v. Union Of India And ORS

1 402-WP 10488-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10488 OF 2022 Abdullah Abdul Rehman Gigani ... Petitioner Vs.

Union of India & Ors.

... Respondents ------- Mr. Sachwani Anand Mohanlal for Petitioner.

Mr. Sham Walve a/w Ms. Sangeeta Yadav for Respondent Nos. 1 and 2. -------

CORAM

:

K.R. SHRIRAM & A.S. DOCTOR, JJ.

DATED :

05th SEPTEMBER 2022 P.C. :

1.

Petitioner is impugning the Show Cause Notice dated 22nd March, 2022 issued by Respondent No.2.

2.

Mr. Sachwani states that on 11th July, 2022 he had addressed a communication on behalf of Petitioner to Respondent No.2 requesting for copies of documents mentioned therein. Mr. Sachwani states that none of the documents mentioned in Annexure-R to the Show Cause Notice have been provided to Petitioner and, hence, Petitioner is not able to effectively reply to the Show Cause Notice. Mr. Sachwani states that

2 402-WP 10488-22.doc despite calling for copies of those documents vide letter dated 11th July, 2022 and subsequent letters, copies whereof are annexed to the Petition, Respondent No.2 has not provided those documents. 3.

Ms. Sangeeta Yadav states that whatever documents which are relied upon in the Show Cause Notice, will be provided to Petitioner' s Advocate on or before 12th September, 2022.

On or before 20th September, 2022, Petitioner shall file reply to the Show Cause Notice.

4.

The adjudication of Show Cause Notice shall be completed on or before 15th October, 2022. But before that, a personal hearing shall be granted and notice of personal hearing shall be communicated at least seven days in advance to Petitioner.

5.

After the personal hearing, should Petitioner wish to file written submissions, recording therein what transpired during the personal hearing, the same shall be filed within three working days of the personal hearing date.

3 402-WP 10488-22.doc 6.

The adjudicating authority shall pass a well reasoned order dealing every submission made by Petitioner and if he has not agreeable with the submissions of Petitioner, shall also explain why he is not agreeable with Petitioner.

7.

Petition disposed. No order as to costs.

8.

We clarify that we have not made any observations on the merits of the matter.

(A.S. DOCTOR, J.) ( K.R. SHRIRAM, J.) Digitally signed by MUGDHA M PARANJAPE Date:

2022.09.06 14:18:44 +0530 MUGDHA M PARANJAPE