9911796707
TMI Blog2025 (1) TMI 1355X X X X Extracts X X X X X X X X Extracts X X X X ..... le. Besides, the argument on the disproportionality of the proposed action could not be advanced. Appellants may not have contested the additions. Still, that does not mean that the penalty has to be imposed automatically once there is no contest. In any event, given the peculiar facts of this case, the appellants should be given an opportunity to hear and attempt to convince the tribunal that no penalty or reduced penalties ought to have been imposed in these matters. Based on instructions, appellants has offered to pay a consolidated cost of Rs 1,50,000/-. Based on this, the learned Counsel has urged that the interest of justice would be met if an additional opportunity is granted to the Appellants to argue the matter before the tribuna ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lties. 7. The records, however, show that the Appellants filed an application/letter dated 19 October 2016 seeking consolidation of appeals. The Appellants have pleaded that neither this application was disposed of nor was a fresh hearing date communicated to them. They have pleaded that they learned about the impugned order only after they received notice of prosecution. 8. Upon receiving the notice for prosecution, the Appellants obtained a certified copy of the order sheet from which they noticed that the appeals were consolidated vide order dated 10 November 2016 and fixed for hearing on 22 December 2016. However, this order or the hearing date was never communicated to the Appellants. The order sheet also notes that the bench clerk w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pugned orders dated 31 March 2017 are set aside, and the matter is remanded to the tribunal for fresh consideration in accordance with law and on its own merits; b. The above is subject to the Appellants paying a consolidated amount of Rs 1,50,000/- to the Government KEM Hospital within 2 weeks of uploading this order and filing proof of payment in this Court and before the tribunal. The account details are as follows:- Bank Account of Hospital : Poor Box Charity Fund, K.E.M. Hospital, Mumbai Bank Account Number of Hospital : 99350100000877 (S.B.) Bank and Branch : Bank of Baroda, Parel Branch Address, Tel. No., Fax No. and e-mail of the concerned Bank : Bank of Baroda, Madina Manzil, 88, Dr. Ambedkar Road, Mumbai ..... X X X X Extracts X X X X X X X X Extracts X X X X
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