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TMI Blog2013 (4) TMI 717X X X X Extracts X X X X X X X X Extracts X X X X ..... rticle 226 of the Constitution seeks to impugn the legality of an order of adjudication passed by the Additional Commissioner of Customs, CSI Airport, Mumbai on 13th February, 2013. An appeal is available against the order under the provisions of Section 129B of the Customs Act, 1962. However, it has been urged on behalf of the Petitioners that the impugned order was passed in violation of the pri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 13. These letters according to the petitioners, were received on 30th January, 2013. Hence, it is urged that the despatch of the notices of personal hearing by the Adjudicating Authority took place after the dates specified for the hearing, as a result of which, it was impossible for the petitioners to remain present at the hearing. In view of this submission, Counsel appearing on behalf of the Re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ourt it is now not in dispute that the impugned order was passed in violation of the principles of natural justice. This is borne out by the fact that the notices intimating the Petitioners of the date of personal hearing were despatched on 29th January, 2013 and were received thereafter, whereas the date on which the hearing was to take place was 29th January, 2013. The receipt of the notice was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons contained in the show cause notice. Since the order has been set aside only on the ground noted above, we grant liberty to the Adjudicating Authority to pass a fresh order of adjudication and while doing so, we keep open all the rights and contentions of the parties. The Petitioners shall appear before the Adjudicating Authority on 6th May, 2013. Counsel appearing on behalf of the Petitioners ..... X X X X Extracts X X X X X X X X Extracts X X X X
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