M/S. Motorkraft v. Union Of India And ORS.

28.3.2022 ks WPA 4700 of 2022 sl. 8 M/s. Motorkraft Vs Union of India & Ors.

Mr. Suryaneel Das ... For the Petitioner.

Ms. Anamika Pandey ... For the Respondent No.1.

Heard learned Advocates appearing for the parties. On perusal of prayers made in the writ petition, it appears that petitioner has prayed for relief of setting aside the impugned show-cause-cum-demand notice dated 20th April, 2021, issued by the respondent authorities concerned before making any appropriate representation before the respondent authority concerned or filing any objection to the impugned show-cause-notice. In my view, appropriate remedy for the petitioner against the aforesaid impugned notice would be to file appropriate representation/objection against the aforesaid impugned show-cause-cum-demand notice.

Accordingly, this writ petition, being WPA 4700 of 2022 is disposed of by granting liberty to the petitioner to make appropriate representation against the impugned show-cause-cum-demand notice dated 20th April, 2021 before the respondent authority concerned within two weeks from date and if such representation is made by the petitioner before the respondent

authority concerned, he will dispose of the same in accordance with law and by passing a reasoned and speaking order after giving an opportunity of hearing to the petitioner or its authorised representative within six weeks from the date of making such representation.

It is made clear that petitioner will be entitled to take all the points before the authority concerned, which has been raised in this writ petition.

( Md. Nizamuddin, J. )