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2023 (10) TMI 1261

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..... ld be arriving at the port everyday. The petitioner contended that around more than 360 employees are employed by the petitioner for carrying out its cargo handling services and therefore, a serious prejudice would be caused if the impugned order to the extent it suspends the licence of the petitioner is allowed to operate. HELD THAT:- Having perused the record it would be appropriate for t .....

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..... sposed off. - G. S. KULKARNI AND JITENDRA JAIN, JJ. For the Petitioner : Mr. Naresh Thacker a/w Mr. Chirag Shetty i/by Economic Laws Practice. For the Respondents : Mr. Subir Kumar a/w Ms. Sangeeta Yadav, Ms. Sruti Kalyanikar and Ms. Janhavi Hirlekar. JUDGMENT: 1. This Petition under Article 226 of the Constitution challenges an order dated 20 October 2023 passed by the .....

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..... round more than 360 employees are employed by the petitioner for carrying out its cargo handling services and therefore, a serious prejudice would be caused if the impugned order to the extent it suspends the licence of the petitioner is allowed to operate. 3. It is on the above backdrop we have heard learned counsel for the parties. Mr. Thacker, learned counsel for the petitioner has taken us .....

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..... oner to avail the remedy of an appeal, so that the rival contentions of the parties on the aspects of facts and law can be adjudicated before the Tribunal. We, therefore, do not dwell into the merits of the rival contentions. 6. In our view, since the petitioner is a running concern employing more than 350 employees and handling large number of consignments day-in day-out, if the suspension ord .....

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..... entions of the parties on the Appeal and stay application are expressly kept open. (iv) Needless to observe that if the appeal alongwith stay application is not filed within two weeks as in (i) above, the stay as granted by us shall cease to operate and in that event, Respondent shall be at liberty to take further appropriate action as per the provisions of law after the period of limitation to .....

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