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TMI Blog2022 (1) TMI 204X X X X Extracts X X X X X X X X Extracts X X X X ..... vail an opportunity cannot be heard to complain of a violation of the principles of natural justice. However, one cannot lose sight of the fact that this is not a case where there has been a consistent default on the part of the petitioner in appearing for a personal hearing. Further opportunity should have been granted to the petitioner for a personal hearing - Petition allowed. - W.P. (C) No. 11739 of 2021 - - - Dated:- 10-6-2021 - Gopinath P., J. Shri Enoch David Simon Joel, S. Sreedev, Rony Jose, Cimil Cherian Kottalil and Ms. Suzanne Kurian, Advocates, for the Petitioner. Shri Sreelal N. Warrier, SC, for the Respondent. JUDGMENT The petitioner is a Company incorporated under the Companies Act, 1956. It is enga ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... writ petition principally on the ground that it has been issued in violation of principles of natural justice. 3. I have heard Ms. Suzanne Kurian, the Learned Counsel appearing for the petitioner and Sri. Thomas Mathew Nellimoottil, the Learned Senior Standing Counsel appearing for the respondents. 4. The Learned Counsel for the petitioner submits that, though it is stated in Ext.P3 that an opportunity of personal hearing was extended to the petitioner on 4-2-2021, no such intimation was given to the petitioner. She refers to Ext.P4 and states that, admittedly, the notice stated to have been given is one for Video Conferencing and intimation regarding the same is stated to have been sent by email. She also submits that as per instruct ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he petitioner in appearing for a personal hearing. Further, the notice stated to have been given through e-mail is not given to any particular officer but to [email protected] , according to Ext.P.4. It is not possible to ascertain whether the notice sent to this e-mail was brought to the notice of the officer concerned. In such a situation, one cannot forget the classic statement of the law by Megarry J. in John v. Rees (as referred to in S.L. Kapoor v. Jagmohan, (1980) 4 SCC 379 at page 392). It may be that there are some who would decry the importance which the courts attach to the observance of the rules of natural justice. When something is obvious , they may say, why force everybody to go through the tiresome waste of time i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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