TMI Blog2016 (3) TMI 1280X X X X Extracts X X X X X X X X Extracts X X X X ..... ing that the learned authority, respondent no.3 herein, shall follow Adjudicating Authority (Procedure) Regulations, 2013 and consider the prayers which are prayed for in para 13 (B). The authority shall also give copy of the reply that is filed by the complainant. It is however clarified that this Court has not expressed any opinion on the other issues which are pending before the adjudicating authority and the authority shall decide the same in accordance with law. As far as order dated 17.12.2015 is concerned, the time taken before this Court shall not be taken into reckoning 180 days, as pointed out by Ms.Patel, learned Central Government counsel, that the provisional attachment order is dated 30.06.2014. The petition stands disposed of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in (a) not providing inspection of the record of the respondent No.3 adjudicating authority, (b) further orally refusing to decide the preliminary objections/contentions regarding lack of jurisdiction of the respondent No.3 adjudicating authority as raised by the petitioners and directing the petitioners to proceed on merits without deciding the preliminary objections/contentions regarding jurisdiction of the respondent No.3 adjudicating authority and (c) further orally directing that the petitioners are not entitled to receive the written response/counter of the respondent No.2 complainant and to proceed with the hearing on merits without having the benefit of the written response/counter of the respondent No.2 complainant, is grossly vio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing for the petitioners asserts that main and primary contention was that the authority was not properly constituted. It deserves to be noted that this Court had passed the following order on 07.10.2014 1. Heard Mr. Kamal B. Trivedi, learned Senior Advocate with Mr. Rakesh Gupta with Mr. Abhishek Mehta, learned advocates for the petitioners. Mr. Mehta shall serve an advance copy upon learned Assistant Solicitor General of India, Mr. Devang Vyas today. 2. Mr. Trivedi, learned Senior Advocate for the petitioners submitted that the adjudicating authority is not properly constituted as there is no judicial member. The petitioners are not even granted opportunity to place their case before the adjudicating authority and are not even perm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Nos.1 and 2 shall respond to the petition more particularly the prayer prayed for in para 13(D) before the returnable date. Direct Service is permitted today. The aforesaid order is continued till date and hence, it is clarified that the period during which such ad-interim relief shall remain in operation, such period shall be excluded while reckoning 180 days. 4. In response to the notice issued by this Court, the respondent authority has also dealt with the merits of the matter. However, by an additional affidavit dated 08.02.2016, the respondent no.2 through the Assistant Director, has made following statement in paras 3 and 4 of the said affidavit 3. In the above captioned petition, the petitioner has mainly raised grievan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... said contention was raised at the time of admission and issuance of notice wherein this Court has in the order, referred to Regulation 16 of the Adjudicating Authority (Procedure) Regulations, 2013 and more particularly as regards inspection. 7. In view of the aforesaid statement made in the Affidavit in reply filed by the concerned respondent, the present petition is disposed of and the learned authority, respondent no.3 herein, shall give opportunity of being heard to the petitioners and pass appropriate orders. It goes without saying that the learned authority, respondent no.3 herein, shall follow Adjudicating Authority (Procedure) Regulations, 2013 and consider the prayers which are prayed for in para 13 (B). The authority shall also ..... X X X X Extracts X X X X X X X X Extracts X X X X
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