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2011 (6) TMI 630

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..... e dated 21/6/2006 was issued demanding the petitioner to repay the short levy amount as per Ext.R(b) and another letter was issued, asking the petitioner to re-validate the bank guarantee already furnished, as the same was to expire on 18/01/2006. In reply to the same, the petitioner, as per Ext.R(c) letter dated 24/06/2006, requested 90 days' time to produce the EU Certificate, no merit or bonafides in the contention raised by the petitioner as to the allegedly loss of opportunity of hearing, writ petition fails and the same is dismissed - WP(C).No. 31474 of 2010(H) - - - Dated:- 17-6-2011 - MR. Justice P.R.RAMACHANDRA MENON, J. For Petitioner :SRI.M.S.SAJEEV KUMAR For Respondent :SRI.THOMAS MATHEW NELLIMOOTTIL,SC,CB EX .....

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..... nsel appearing for the respondent is directed to obtain instructions whether Ext.P30 order was passed after serving show cause notice on the petitioner, whether the order was served on the petitioner immediately after it was passed and if the order was passed after notice and a copy was served, why the petitioner was required to keep the Bank Guarantee active for the subsequent periods by issuing successive communications. Post after three weeks. Issue copy of this order to the Standing Counsel for the respondent." 4. The respondent has filed a counter affidavit explaining the actual facts and circumstances, asserting that the petitioner has not approached this Court with clean hands. It is stated that Ext.P30 order was passed a .....

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..... In reply to this, the petitioner, as per Ext.R(f) letter dated 23/1/2007, mentioned about some personal inconvenience and sought for another date for personal hearing. This was granted and the petitioner was intimated of the next hearing date as per Ext.R(g) letter dated 07/2/2007, to which also the petitioner did not respond. It was thereafter, that the proceedings were finalised as per Ext.P30 order dated 08/06/2007, which was sent by registered post to the petitioner on 14/6/2007, as revealed from the relevant proceedings maintained by the respondent vide Ext.R(h). 5. This being the position, there is absolutely no merit or bonafides in the contention raised by the petitioner as to the allegedly loss of opportunity of hearing and the .....

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