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2018 (1) TMI 1280

Head Note:
Time Limitation - Whether when the Commissioner disagrees with the enquiry report which is in favor of the broker, does the time limit of 90 days from the date of such report for passing a final order under the Regulation 20(7) of CBLR, apply?

Held that: - Regulation 20(7) of the CBLR does not make any distinction between an enquiry report in favour of a broker and that which is against him. In either event, a copy of the report is to be made available to him. If it is adverse to the broker, he can make a representation - The impugned order is against the broker. If the report also had been against the broker, then such consequential order cancelling the license would again have to be passed under Regulation 20(7) - the Commissioner should have adhered to the 90 days’ limit as specified in Regulation 20(7) of the CBLR.

Appeal dismissed - decided against appellant.

 


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