AASCAR ENTERTAINMENT PRIVATE LIMITED Vs. SECRETARY AND COMMISSIONER

JUDGEMENT

(1.) The case of the petitioner as averred in the affidavit:

(2.) It is contented by the learned counsel for the petitioner that, the licensing authority (2nd respondent) on receipt of the applications for renewal of 'C' Form license, rejected the same only on the ground of invocation of SARFAESI proceedings. On appeal, the appellate authority (first respondent) has dismissed the appeals assigning new reasons contrary to the order challenged before him. For the said reason, the common order dismissing the three appeals confirming the rejection of the renewal is arbitrary and liable to be set-aside.

(3.) According to the learned counsel appearing for the petitioner, the licensing authority has assigned pendency of SARFAESI proceedings as reason for rejecting the renewal applications. The writ petitioner has explained in the appeal that pendency of SARFAESI proceedings will not take away the petitioner's right to continue the business. The SARFAESI proceedings is contested by the writ petitioner and pending before Debt Recovery Tribunal. Despite the said explanation, at the instance of the 3rd respondent, the appellate authority has invented new reasons to dismiss the appeals and hastly passed the order without proper appreciation of law.