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TMI Blog2021 (3) TMI 841X X X X Extracts X X X X X X X X Extracts X X X X ..... Respondent (By Sri Amit Deshpande, Advocate) ORDER Petitioner has called in question the order at Annexure-A and has sought for issuance of appropriate writ to set aside the impugned order bearing OIO No. MYSEXCUS- 000-ADC-YCS-10-2019-20 dated 26.09.2019. 2. It is the contention of the petitioner that the transaction as is reflected from the agreement at Annexure-B cannot be deemed to be servi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y of the communication of the petitioner dated 01.01.2020 to avail benefit under the aforesaid scheme is placed on record at Annexure-C. The acknowledgment evidencing that the petitioner had applied under the said scheme is enclosed at Annexure-D. 4. It is the submission of the learned counsel for petitioner that it was only later that the petitioner was advised on the legality of treating the bu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ments under the said scheme, the impugned order deserves to be looked into in an appropriate manner insofar as the order has been passed without participation of the petitioner. Even if the petitioner were to prefer an appeal, the authority which has passed the order will have no benefit of the contentions on its merits as sought to be made out in the present writ petition. It would be an appropri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he impugned order. The contention raised on merits prima facie is one that cannot be brushed aside as being frivolous or devoid of merits and is a matter that raises an issue to be considered upon participation of the petitioner to put forth his case that he has sought to make out in the present petition. 9. Taking note of the nature of contentions taken including in specific, as regards to the b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sposal of the proceedings and shall not seek for unnecessary adjournments. Looking into the nature of discretion exercised in favour of the petitioner, it would be appropriate that the authority dispose off the proceedings after appearance of the petitioner within a period not later than 30 days. 11. Learned counsel for the petitioner undertakes that petitioner would not sell or create any encumb ..... X X X X Extracts X X X X X X X X Extracts X X X X
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