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2009 (4) TMI 457 - HC - Companies LawShow-cause Notice/Memorandum for adjudication - whether the notices issued to the petitioners are vague and unspecific, in particulars, as not to answer to the description of a notice, and thus, would lead to an unfair procedure? Held that:- The relevant paragraphs of the impugned show-cause notice, merely go on to say that as the petitioners herein are directors/in-charge of NIL, therefore they were liable for the contravention of law by NIL in the export of coffee to Russia. There undoubtedly are no specific allegation against them, which pinpoints their role in the alleged offence. A show-cause notice is not a mere empty formality, but a necessity, so that the person is informed of allegations against him to provide a proper, timely and reasonable opportunity to explain and present his case. Thus, the petitioners can arguably say that the show-cause notice does not contain the essential foundational facts by which the company NIL’s decision could be attributed to them, as directors or that they point to how they were in charge of, or responsible for the affairs of the said company. The party aggrieved should reply to the show-cause notice, and if aggrieved by the order, seek remedies through appeal. In view of these observations, the challenge is insusceptible of scrutiny, under Article 226 of the Constitution of India. W.P. dismissed.
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