Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2019 (4) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (4) TMI 792 - HC - Indian LawsMaintainability of petition - existence of alternative remedy of appeal - Proceedings u/s 45-IA of RBI Act - NBFC - requirement of having Net Owned Fund (NOF) - condonation of delay in filing appeal - Principles of natural justice - Held that:- In the present case, the petitioners claim that the impugned order is vitiated by breach of principles of natural justice. When a writ petitioner alleges violation of the principles of natural justice in the decision making process vitiating the decision itself, then such a writ petition cannot be said to be not maintainable. The allegation of breach of principles of natural justice can be gone into by the writ Court. The present writ petition therefore cannot be said to be non maintainable merely because a statutory alternative remedy of appeal exists. The second proviso to Section 45-IA(6) of the Act of 1934 requires a reasonable opportunity to be granted before any order of cancellation of Certificate of Registration being passed - In the facts of the present case, it cannot be said that, the impugned order is non-speaking with regard to the aspect of non consideration of the prayer for condonation made as by the first petitioner or that the impugned order suffers from the breach of principles of natural justice. Petition dismissed.
|