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2018 (9) TMI 1914 - MADRAS HIGH COURTGrant of license - second respondent rejected the application on the reason that the petitioner being an ammonium nitrate trader, import licence cannot be issued to the petitioner under P-5 licence - HELD THAT:- There is no dispute to the fact that the petitioner has raised very many contentions on facts and law while challenging the order of the second respondent. It is also not in dispute that the petitioner was represented through an Advocate before the first respondent and made his submissions. Likewise, it is also seen that the Joint Chief Controller of Explosives made his submissions before the Appellate Authority. The Appellate Authority has, in fact, narrated the facts which has led to filing the appeal, extracted the rival contentions of the parties in detail, which runs to four pages. The first respondent has simply reiterated the order passed by the second respondent without giving any independent reason or finding as to how, in the view of the first respondent, the order of the second respondent is sustainable. Needless to say that the first respondent being the appellate authority is also a fact finding authority and thus, he is bound to consider the facts and circumstances and give his own independent reasonings and findings while disposing the appeal - As this Court does not find any such reasoning and finding, it is inclined to set aside the order of the first respondent without expressing any view on the merits of the matter, for reconsidering the appeal once again on merits and in accordance with law, after giving due opportunity of personal hearing to the petitioner. The matter is remitted back to the first respondent for considering the appeal filed by the petitioner once again on merits and pass orders in accordance with law, after giving due opportunity of personal hearing to the petitioner - Petition allowed by way of remand.
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