1988 (9) TMI 178

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..... : Harish Chander, Member (J)]. - M/s. Thackers Foods Beverages Pvt. Ltd. had filed an appeal being aggrieved from adjudication order No. 898/88, dated 26th May, 1988. Simultaneously a stay application was also filed. 2. Shri Vinay Bhasin, the learned advocate, has appeared on behalf of the applicant and has stated that the learned Additional Collector did not pass a speaking order and did .....

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..... , the learned senior departmental representative who has appeared on behalf of the respondent, fairly states that when the order was passed on 26th May, 1988, due to paucity of time, the learned Addl. Collector could not dictate the reasons for the recording of the order. He dictated only the operative part of the order and he also states that the reasons for the passing of the order were recorded .....

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..... ocedure that while passing an order the reasons have to be recorded first and the order has to be passed thereafter. In the matter before us, the reasons for coming to a conclusion were recorded on 31st August, 1988 and we are of the view that it cannot form part of the order. Accordingly, we hold that the order passed by the learned Addl. Collector is a non-speaking order. We set aside the impugn .....

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