2009 (2) TMI 213

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..... ion application dated 7-8-08 for modification of the stay order. He submits that when such modification application was filed without the appellant being heard on that application, its appeal was dismissed. But the Appellant having fair chance of success on merits of its case, he prays that it should at least be heard following principles of natural justice by the authority who shall do justice to .....

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..... nt being heard on that application, its appeal was dismissed. But the Appellant having fair chance of success on merits of its case, he prays that it should at least be heard following principles of natural justice by the authority who shall do justice to the Appellant. 2. Ld. DR confirms the factual position except saying that the Appellant was heard by the Authority below and never been denied .....

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..... or disposal of the appeal. It appears that the Appellant has been dealt to the detriment of justice and there is a flagrant violation of the principles of natural justice. With the above observations, we dispense pre-deposit and dismiss the appeal for the reason that the appellant's case was not decided on merit by Appellate Authority below. We direct the Appellant to appear before the Id. Appella .....

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