9911796707
TMI Blog2016 (1) TMI 346X X X X Extracts X X X X X X X X Extracts X X X X ..... ter remanded back. - Writ Petition No. 30592 of 2015, M. P. No. 1 of 2015 - - - Dated:- 19-11-2015 - R. Mahadevan , J. For the Appellant : Mr. Yasodvaradan , Senior Counsel for M/s. Bijesh Thomas For the Respondent : Mr. V Sundareshwaran , SCGSC ORDER Heard the learned Senior Counsel for the petitioner as well as the learned Senior Central Government Standing Counsel for the respondent. With their consent, the main Writ Petition itself is taken up for final hearing and disposal. 2. The case of the petitioner is that the petitioner, a Public Limited Company, was engaged in leasing of vessels and multi-modal transport service. It is the further case of the petitioner that the petitioner was registered with the Servi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nal hearing was fixed on 07.01.2015, but no intimation, fixing the date of personal hearing on that particular date was received by the petitioner till date. Alleging that the petitioner did not respond to the notice for personal hearing, the respondent passed the impugned order, hence, the petitioner is before this Court. 3. The learned Senior Counsel for the petitioner submitted that the respondent ought to have afforded personal hearing to the petitioner, but the same was not adhered to, in violation of principles of natural justice. The learned Senior Counsel also submitted that, eventhough the petitioner fails to seek an opportunity of personal hearing, such personal hearing is a must or otherwise, the action of the respondent would ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sition, opportunity of personal hearing before passing such an order is a must. 7. In view of the above, the Writ Petition is allowed, the impugned order is set aside, and the matter is remitted to the respondent by fixing a date of personal hearing on 16.12.2015, on which date, the petitioner is directed to appear without fail. On such appearance, the respondent is directed to hear the petitioner, verify the documents and thereafter, pass appropriate orders on merits and in accordance with law within a period of six weeks. If the petitioner fails to appear on the said date, it is open to the respondent -Department to proceed further in the manner known to law and pass appropriate orders on merits and in accordance with law. No costs. Co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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