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2022 (5) TMI 1546

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..... to submit the reply to the show cause notice which is an obligation under Section 24(1) of the Act and prays for time of two weeks for the said purpose. HELD THAT:- This Court is of the view that interest of justice would be served if a period of 10 days is granted to the petitioners to submit the reply to the show cause notice dated 30.03.2022 - In the event, the reply is filed within 10 days from today i.e., 06.06.2022, the respondent authorities would consider the same strictly in accordance with the provisions laid down in Section 24 of the Act. Writ petition disposed off. - WP(C)/3245/2022 - - - Dated:- 23-5-2022 - Honourable Mr. Justice Sanjay Kumar Medhi For the Petitioners : P. K. Goswami , Senior Counsel, assisted b .....

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..... r section 24 of the Act in question. It is the specific case of the petitioners that though a reply is required to be filed in response to the notice, due to absence of materials required to prepare an effective reply, the same could not be filed. The petitioners allege that the materials were not supplied to them in spite of numerous requests and as a result thereof, the reply could not be filed on time. On the other hand, by invoking the provisions of Section 24(3) of the Act, an order has been passed and, as has been observed above, the said order is without coming to a satisfaction regarding the requirement that the property in question is likely to be alienated. 6. Shri Goswami, the learned Senior Counsel submits that formation of .....

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..... at that the asset might be alienated. 9. Rejoining his submission, Shri Goswami, learned Senior Counsel has submitted that even without having any access to the note mentioned above, while reading out the same, it transpires that apart from the term satisfied , there appears to be no material based on which such satisfaction was arrived and therefore, it appears that the satisfaction was a mechanical one and not based on any objective standards. 10. Though this Court may not go into the adequacy of the reasons or grounds contained in the note, it prima facie appears that the prelude to the note is not connected with the requirement to come to a satisfaction regarding alienation of the property which is the issue involved in the p .....

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