Calcutta HC Refuses to Quash Notice u/s 24 of Prohibition of Benami Property Transaction Act: Allows Re-Hearing [Read Order]

The Calcutta High Court refused to quash notice under section 24 of the Prohibition of Benami Property Transaction Act,1988 and directed re-hearing.

Aachman Marketing Private Limited & Anr, the petitioner filed a writ petition challenging the show cause notice by which petitioners were asked to give a reply to the same within 15 days from the date of receipt of the said show cause notice.

Abhratosh Mazumder and Akshara Shukla, the counsels for the petitioner contended that the petitioner is challenging the show-cause-notice on the ground of jurisdiction of the respondent authority concerned and petitioners rely on a decision of the Supreme Court in the case of Union of India vs. Ganpati Dealcom (P.) Ltd.

Smita Das De, the counsel for the respondent contended that after the issuance of the show cause notice, the petitioner does not give any response and not filed any reply to the show cause notice within the time limit prescribed by the law.

The Court observed that it was necessary to extend the time to file objection/response to the aforesaid impugned show-cause-notice by a period of two weeks from the date and the respondent's authority concerned shall consider the same under the law and pass a reasoned and speaking order after giving an opportunity of hearing to the petitioners of its authorized representative.

A single-member bench comprising Nizamuddin. J directed the petitioner to file an objection or response to the show cause notice and after filing the reply the respondent's authority had to re-consider the reply for deciding the case.

To Read the full text of the Order CLICK HERE

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