9911796707
TMI Blog2024 (3) TMI 564X X X X Extracts X X X X X X X X Extracts X X X X ..... nt order was confirmed, but has also impugned all proceedings prior thereto including the detailed order dated 24.11.2015 (Annexure A-11 to the appeal before the Tribunal). Clearly, the Tribunal has erred in not noticing that the appellant has not only impugned the order of confirmation of provisional attachment, but also the order whereby the application of the appellant seeking copies of the Relied Upon Documents was rejected. On that ground, we are of the view that the impugned order cannot be sustained and calls for a remit. The order dated 14.12.2023 is set aside. The application of the appellant for supply of documents is restored to its original number on the records of the Appellate Tribunal - appeal disposed off. - HON BLE MR. JU ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat some of the Relied Upon Documents had not been supplied and some were completely illegible. Said application was rejected by order dated 24.11.2015. As per learned senior counsel for the appellant a short order dated 24.11.2015 was made available which referred to a detailed order, however, the detailed order was not supplied till January, 2016. Subsequently, by order dated 14.12.2015, the provisional attachment was confirmed. 5. As per the respondents, copies of all Relied Upon Documents were supplied and the same were legible. This is disputed by learned senior counsel for appellant. 6. In the impugned order dated 14.12.2023, the Appellate Tribunal has noticed that the application filed by the appellant seeking copies of Relied Upon D ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of natural justice apart from the proceedings initiated by the Complainant being completely non-est, void ab initio and hit by legal maxims Debile Jundamentum fiillit oTitis , meaning thereby that when the foundation falls, everything falls; and Sublctto fiindctmento cadit opus ] meaning thereby, in case a foundation is removed, the superstructure falls (underlining supplied) 9. Perusal of the prayer paragraph of the appeal shows that the appellant has not only impugned the order dated 14.12.2015 (Annexure A1 to the appeal before the Tribunal) whereby the provisional attachment order was confirmed, but has also impugned all proceedings prior thereto including the detailed order dated 24.11.2015 (Annexure A-11 to the appeal before the Tribu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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