9911796707
TMI Blog2014 (6) TMI 455X X X X Extracts X X X X X X X X Extracts X X X X ..... re the Hon'ble High Court of Gujarat. Hon'ble High Court directed the Bench in their judgment dt.06.03.2014 to consider the issue afresh after imposing cost on the appellant. Hon'ble High Court tentatively fixed the date as 21.04.2014 for hearing and disposing the Stay Petition on merit and in accordance with the law. When the matter was called, ld. Consultant on record for the appellant had filed submissions that he is not able to appear before the Bench as he is busy in an inspection of one of his client by the inspector from Organization for Prevention of Chemicals Weapons, Hague. He has also mentioned in the letter that we should consider the facts in his letter dt.19.03.2014 for the purpose of disposing the Stay Petition. W ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cer and other persons was not considered. It is his submission that the information procured from RTO is based on the documents which did not give any inference that the vehicles were manufactured by a particular manufacturer. He has also placed reliance on provisions of Central Motor Act and the rules made therein. 6. On perusal of the records and specifically the Order-in-Original, we find that the adjudicating authority in the impugned order at Para 13.1 has specifically recorded in respect of this appellant as under:- 13.1 Personal hearings were fixed on 11.01.12, 16.01.12, 03.02.12, 10.02.12, 06.03.12 and 14.03.12. The noticee did not appear for personal hearing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n-granting of cross-examination etc are the grounds which needs to be considered deeply vis-`-vis the findings recorded by the adjudicating authority. At this stay stage, we are of the view that non-grant of cross-examination cannot be conceived as violation of principles of natural justice, for the simple reason that the appellant had in his reply only sought cross-examination of the investigating officer and in general of all the persons whose statements were recorded. We are of the view that the appellants having not justified or indicate the reason for seeking the cross-examination before the adjudicating authority, cannot claim that there is a violation of principles of natural justice and more so when he himself remains absent in the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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