2023 (11) TMI 660

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..... he did not produce the same - supplier was not issued a notice in the appeal - principles of natural justice - HELD THAT:- The Appellate Authority even while considering the appeal ex parte will have to consider the grounds raised in the memorandum of appeal, deciding the appeal on merits, failing which it would be abdicating its powers especially looking at the provisions where the Appellate Auth .....

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..... e petitioner challenges the ex parte order of the appellate authority at Annexure-4. 2. Though the appeal was filed in time but the appellate authority merely for the reasons that despite opportunity being granted to the appellant to produce the documents in support of his case, he did not produce the same and also despite the finding that the supplier was not issued a notice in the appeal, it was .....

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..... o conduct such further enquiry as found necessary to decide the appeal, which decision also shall be on the points raised. 4. We, hence, set aside the order produced at Annexure-2 and direct the restoration of appeal before the Appellate Authority. 5. The petitioner shall appear before the Appellate Authority on 25.07.2023. The Appellate Authority or its office shall fix a date of hearing on the s .....

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