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TMI Blog2019 (9) TMI 423X X X X Extracts X X X X X X X X Extracts X X X X ..... s where there is violation of principles of natural justice, this Court would be justified in interfering with the final orders inspite of an appeal remedy available to the petitioner - Since the respondents had granted sufficient opportunities to the petitioner, it is held that there is no violation of principles of natural justice and hence setting aside the impugned order will not be proper. Since the petitioners have approached this Court within the appeal time prescribed to approach the CESTAT, this Court is of the view that the petitioners can be granted an opportunity to file an appeal within a stipulated time - petition closed. - W.P.No.23985 of 2004 And W.M.P.No.1197 of 2005 - - - Dated:- 13-8-2019 - Mr. Justice M.S. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... herefore it will not amount to violation of the principles of natural justice. 4.A perusal of the counter affidavit filed by the Deputy Commissioner of Central Excise on behalf of the respondent herein, touching upon this aspect, reads as follows: 10. The allegations in paragraph 3 are denied. None of the petitioners filed reply despite being given sufficient opportunity to put forth their defense. Instead, the petitioners deliberately attempted to delay the adjudication proceedings in the following manner. The show cause notice calling upon the petitioner to reply within a period of 30 days was acknowledged by the petitioner on 20.09.2002. In their letter dated 18.10.2002, the petition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... titioner sought for five more months time to file reply. As the petitioner was already granted time for 6 months to file reply, it was decided not to grant any further time. However, they were afforded one more opportunity for personal hearing on 23.04.2003. Instead of availing the opportunity, the petitioner by their letter dated 21.04.2003 intimated that they were in the process of preparing the reply and would submit the same shortly. Thereafter an opportunity of personal hearing was fixed on 27.05.2003. The petitioner sent a letter dated 26.095.2003 alleging that the statements relied in the notice had been obtained by coercion and threat and only after cross examining the witnesses, the petitioner would be in a posit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t least on four occasions which have not been availed by the petitioners. It is also seen that the petitioners has not produced any list of witnesses whom they intend to cross examine. In these circumstances, it can be said that sufficient opportunities were extended to the petitioner, which was not availed by them, within a reasonable time. 6.In cases where there is violation of principles of natural justice, this Court would be justified in interfering with the final orders inspite of an appeal remedy available to the petitioner. Since the respondents had granted sufficient opportunities to the petitioner, it is held that there is no violation of principles of natural justice and hence setting aside the i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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