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TMI Blog2024 (12) TMI 1102X X X X Extracts X X X X X X X X Extracts X X X X ..... f principles of natural justice since there is no justifiable reason for respondent No. 2 not considering the request for adjournment made by the petitioner s advocate on 29 October 2024, requesting for the matter to be kept after 11 November 2024 since the advocate was out of town on account of Diwali vacation. There is no reason given by respondent No. 2 why the said adjournment request could no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m Ochani a/w Suman Kumar Das. P.C.:- 1. Rule. The Rule is made returnable immediately at the request of and with the consent of the learned counsel for the parties. 2. By filing this petition under Article 226 of the Constitution of India, the petitioner seeks to challenge an Order-in-Original passed on 4 November 2024 on the grounds that it violates the principles of natural justice. 3. The petit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Shetty, learned counsel for the petitioner submits that the request for adjournment on valid ground was not considered and therefore the impugned order passed is contrary to the principles of natural justice. The petitioner submits that since there is violation of principles of natural justice, this Court should entertain the present petition and quash the impugned order and remand the proceedin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on account of Diwali vacation. There is no reason given by respondent No. 2 why the said adjournment request could not have been acceded to. This rejection was also not communicated to the petitioner. The resultant action is disproportionate. Another opportunity should have been granted. We think that the interests of justice would be met if such an opportunity is given by requiring the petitione ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the Tata Memorial Hospital, Parel, within two weeks from the date of uploading of this order, and the copy of the payment having been made be filed with the Registry of the High Court. Our above order of remanding the matter back to the office of respondent No. 2 is subject to the petitioner paying the above referred cost. 11. The rule is made absolute in the above terms. 12. The petition is d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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