2025 (3) TMI 484

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..... mental principles of natural justice. The self imposed bar of alternative remedy cannot be applied in such facts. If applied, it would be of no real use. In fact, it would be counter productive to the interest of justice.' Upon a perusal of record, it appears that the factual matrix is very similar to one in Mahaveer Trading Company's case. There are no reason to take a different stand. The impugned order dated 20.04.2024 is quashed and set-aside with a direction given to the officer concerned to grant the petitioner another opportunity of filing a fresh reply and thereafter fix a date of hearing and pass a reasoned order - Appeal allowed.
Hon'ble Shekhar B. Saraf And Hon'ble Vipin Chandra Dixit JJ. For the Petitioner .....

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..... to be mentioned, only N.A. is mentioned without mentioning any date. 2. The column in which time of personal hearing has to be mentioned, only N.A. is mentioned without mentioning time of hearing. 3. In some cases, the date of personal hearing is prior to which reply to the Show Cause Notice has to be submitted this is non-est and this practice has to be discontinued. The date of reply to the Show Cause Notice has to be definitely prior to the date of personal hearing. 4. In some cases, the date of personal hearing is on the same date to which reply to the Show Cause Notice has to be submitted-this is non-est and this practice has to be discontinued. The date of reply to the Show Cause Notice has to be definitely prior to the date of .....

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..... it appears that the factual matrix is very similar to one in Mahaveer Trading Company's (supra). We do not see any reason to take a different stand. 5. Accordingly, the impugned order dated 20.04.2024 is quashed and set-aside with a direction given to the officer concerned to grant the petitioner another opportunity of filing a fresh reply and thereafter fix a date of hearing and pass a reasoned order. The entire exercise should be completed within a period of two months from date. 6. On the request made by learned counsel appearing on behalf of the respondents, the date of hearing is fixed for March 19, 2025 at 11:00 A.M. before the respondent no.2. 7. We make it clear that no adjournment shall be granted to the parties on that dat .....

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