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TMI Blog2019 (9) TMI 280X X X X Extracts X X X X X X X X Extracts X X X X ..... s, who are required to be cross examined and though he has given a letter dated 24.03.2003 and 26.05.2003 to the respondents seeking permission to cross examine these witnesses, the respondent had neither granted permission nor rejected the same, but had passed the impugned order. Hence, the learned counsel for the petitioner submitted that an opportunity to cross examination should be granted to them. 3.The learned Standing Counsel for the respondent submitted that various opportunities to file their reply as well as the personal hearing was extended to the petitioner and inspite of the same, he has not availed these opportunities. Since the order was passed after 15 months from the show cause notice and the entire period of 15 months was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etitioner instead of filing reply, chose to send a letter dated 5.2.2003 requesting to grant fourth time extension for five more months even to file reply on the ground that some of the statements were obtained under duress. As the petitioner had been granted sufficient time to reply, no more extension was given and a personal hearing was fixed before taking up the adjudication. Accordingly, a communication was sent to the petitioner asking to appear for hearing before the respondent on 26.3.2002. The petitioner by their letter dated 24.3.3003 informed that the reply was under preparation. Since the relied upon documents were voluminous they were not able to reply in time with an indication to cross-examine some of the witnesses, but list o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hennai in O.S.No.3361 of 2003 filed by Shri.K.Gopal and such notice amounts to Contempt of Court and hence their participation in the enquiry proceedings is not proper. This shows that the petitioner had not availed the opportunities allowed to defend the notice. As stated in the affidavit, had not given any tabulated statement of list of dates. The averment of the petitioner is totally and factually not in order. The petitioner were afforded adequate opportunity to defend themselves and have purposely failed to avail the same solely with an intension of dragging on the proceedings." 5.No reply statement has been filed opposing such a statement made in the counter affidavit. As such it is seen that the petitioner was granted opportunity ..... X X X X Extracts X X X X X X X X Extracts X X X X
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