9911796707
TMI Blog2012 (12) TMI 479X X X X Extracts X X X X X X X X Extracts X X X X ..... contract indicates that the appellant was awarded a contract for functioning or carrying out a particular activity within the cement plant of M/s. Ultra Tech Cement Limited. As that appellant did not appear before the adjudicating authority who in turn did not have a privilege of going through the contract the entire issue needs to be reconsidered by the adjudicating authority - remit the matter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ties have been imposed. 3. After hearing both sides for some time on the stay petition, we find that appeal itself could be disposed of at this juncture and hence after allowing the stay petition, we take up the appeal itself for disposal. 4. Learned counsel takes up a point before us, after drawing our attention to the contract entered into by the appellant with Ultratech Cement Limited, that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the appellant is taking a new point before the Tribunal that the entire contract is a lump-sum contract. It is his submission that appellant did not take this point before the lower authorities and hence is precluded from taking such point before the Tribunal. 6. On perusal of record and the contract which was brought to our notice, we find that the terms in the contract indicates that the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ck to the adjudicating authority to reconsider the issue afresh after following the principles of natural justice. Learned counsel undertakes to cooperate with the adjudicating authority as and when they are called for personal hearing.
Stay petition and appeal disposed of by way of remand to the adjudicating authority.
(Dictated and pronounced in the Court) X X X X Extracts X X X X X X X X Extracts X X X X
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