9911796707
TMI Blog2024 (4) TMI 1004X X X X Extracts X X X X X X X X Extracts X X X X ..... was prejudiced, inasmuch as, petitioner could not be present at the time of personal hearing and the case was decided in his absence adversely. Consequently, we are of the view that the impugned order dated 28.12.2023 cannot be sustained and is liable to be set aside and the show cause notice restored on the file of the Adjudicating Authority. Thus, the impugned order dated 28.12.2023 is set aside. The matter is remitted to the proper Officer to re-adjudicate the show cause notice in accordance with law. Petition is disposed of in the above terms. - HON BLE MR. JUSTICE SANJEEV SACHDEVA AND HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV Advocates who appeared in this case: For the Petitioner: Mr. Gaurav Gupta, Advocate. For the Responde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2023 was received fixing a date of hearing on 18.11.2023. He submits that on 18.12.2023, a communication was sent to the Respondent that the date appeared to be incorrect. However, no further communication has been received but the impugned order records that the hearing was held on 18.12.2023 which is contradicted by the letter dated 11.12.2023. 7. The counter affidavit confirms the submissions of the counsel for the petitioner with regard to the notices having been sent for the various dates. The counter affidavit further states that a sixth notice of personal hearing was issued on 11.12.2023 for a hearing on 18.12.2023, but on account of a clerical mistake a date 18.11.2023 was printed on the notice of hearing. 8. On a query raised to th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Said reliance is misplaced for the reason that in the said case, the Supreme Court has held that once a party had proper notice and chose not to appear, then said party cannot be permitted to contend that he was not given a fair opportunity of hearing. 13. In the instant case, respondents decided to give petitioner an opportunity of hearing and accordingly, as per the respondents, fixed a date of 18.12.2023 for a personal appearance. Admittedly no notice for the said date was either sent or delivered to the petitioner. Consequently, petitioner was prejudiced, inasmuch as, petitioner could not be present at the time of personal hearing and the case was decided in his absence adversely. Consequently, we are of the view that the impugned ord ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
