SHRI ARUN KUMAR SIKKA AND ASA Vs. CC

JUDGEMENT

(1.) THIS appeal is directed against the order dated 11/8/2005 wherein the adjudicating authority has rejected the application for renewal of C.H.A. Licence.

(2.) THE relevant facts that arise for consideration are that the appellant was CHA functioning under the licence No. 41/87 granted to him. The said licence was valid up to 15/5/2001. The appellant did not apply for the renewal of the licence before the expiry, instead applied for the renewal on 17th February 2005. The reason cited for delay in application for renewal was that the proprietor of the appellant had a massive backbone problem due to which he was paralyzed. The adjudicating authority after granting a personal hearing came to conclusion that the licence of the appellant cannot be renewed for the reason that they have not fulfilled the conditions for renewal and that appellant has not intimated the department about serious illness of the appellant. Hence this appeal.

(3.) THE learned advocate appearing the appellant fairly submits, that, the appellant has not intimated the serious illness of the proprietor, to the authorities, but this was due to the reason of anxiety in the family and not for any other reason. It was also submitted that the appellant has fulfilled all the conditions laid down in the public notice No. 33/96, if the business conducted by the appellant from Delhi and Mumbai are clubbed. Relevant documents regarding the business conducted at both the places were produced.