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TMI Blog2016 (4) TMI 1083X X X X Extracts X X X X X X X X Extracts X X X X ..... hat there was a death in the family of the counsel of the appellant is not disputed by the learned Counsel appearing for the respondent. In such circumstances, considering that the appellant are not unnecessarily delaying the matter and as on the relevant date there was justifiable reason which prevented the counsel for the appellant to remain present before the learned Tribunal, we find that the learned Tribunal was not justified to refuse an adjournment. Hence, in the peculiar facts and circumstances of the case and in the interest of justice, the learned Tribunal could have given an opportunity of hearing to the appellant for the subsequent date. Having failed to grant a short adjournment has resulted in passing the impugned order in bre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... atter on merits without giving a hearing to the appellant. The learned counsel further submitted that not giving such an opportunity itself vitiates the impugned order though the appellant has a good case on merits. The learned Counsel further submits that the matter may be remanded to the learned Tribunal to decide afresh after giving an opportunity of hearing, in accordance with law. 5. On the other hand Ms. Asha Desai, learned counsel appearing for the respondent has supported the impugned order. The leaned Counsel points out that the learned Tribunal proceeded to decide the matter on merits, as according to her, the appeal had no merits. The learned counsel further submits that all the contentions which were raised by the appellant wer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er and as on the relevant date there was justifiable reason which prevented the counsel for the appellant to remain present before the learned Tribunal, we find that the learned Tribunal was not justified to refuse an adjournment. 9. Hence, in the peculiar facts and circumstances of the case and in the interest of justice, the learned Tribunal could have given an opportunity of hearing to the appellant for the subsequent date. Having failed to grant a short adjournment has resulted in passing the impugned order in breach of the principle of natural justice which calls for the interference of this Court. The substantial question of law is answered accordingly. 10. In view of the above, we pass the following:- ORDER i The impugned order ..... X X X X Extracts X X X X X X X X Extracts X X X X
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