9911796707
TMI Blog2001 (7) TMI 152X X X X Extracts X X X X X X X X Extracts X X X X ..... spondent no. 1 applicant herein was denied reasonable opportunity of being heard as because of short notice the respondent no. 1 was prevented from appearing at the time of hearing of the writ petition when the aforesaid impugned order was passed. 3.Mr. Debal Banerjee, learned Senior Advocate appearing with Mr. Biswanath Samaddar learned Advocate submits that in this case a notice was served at around 3 p.m. on Friday the 25th May, 2001 with an intimation that the writ petition was to be moved on 28th May, 2001. Intervening days were being Saturday and Sunday which were holidays. Therefore, the applicant herein could not take any step for engagement of learned counsel. Even then the applicant tried his level best to take step for engageme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt as required additionally under Rule 26. 6.Mr. Ghosh, learned Senior Advocate while opposing this application contends that prior notice was not only served upon the Commissioner of Customs on 25th May, 2001 but it was attempted to be served upon the Advocate of the Central Government who refused to accept such service. Affidavit of service to that effect was filed and he has drawn my attention to the affidavit of service. 7.He submits that the notice so served was not short as in fact numerically it was more than 48 hours. The Government department could have taken proper steps in this matter when it had got two clear intervening days being Saturday and Sunday. The applicant herein cannot take the plea of holidays. 8.Having heard t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Government is a party, service on the Legal Remembrancer/Government Pleader, as appropriate, will be sufficient; where the Central Government/Local Authority/ Body/Corporation or any of its officers is a party service may also be made on the Standing Counsel for the Central Government/Local Authority or Body or Corporation notified to the Registrar in this behalf: Provided that the Court may for reasons recorded allow the moving of the application and entertain the prayer for such interim order without such notice, in which case, a copy of the application along with all annexures in support thereof, shall forthwith be served by the petitioner, upon the respondents against whom the interim order has been obtained: Provided that the pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ission" after 48 hours. The said period of 48 hours shall be deemed to be sufficient notice to the respondent-opposite party covered by Rule 26 of these rules to seek instructon. Except in special circumstances no adjournment shall be granted by the Court in such cases for seeking instructions once the case has been so listed for admission." 11.Therefore, it is clear that 48 hours time is given to enable the concerned and affected respondent to seek instruction or to take proper step. Instruction can be sought for or proper steps can be taken in order to contest the hearing only when the concerned officials and the departments are in usual course of business available to supply such instruction or papers. If the departments and the staffs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hours working days are made available on hand. The aforesaid facts are not denied and disputed in the affidavit-in-opposition. The action taken by the Commissioner suggests promptness and diligence. 13.Therefore, I hold on the fact that the petitioner has been able to make out sufficient cause and/or reason by which the applicant herein was prevented from appearing at the time of hearing though upon service of notice but short of 48 hours. 14.Under Rule 26 of the aforesaid Rules litigant can move an application even without notice and in that case Court has to record its reasons for dispensing with service of prior 48 hours notice. In this case it was not moved without notice but the notice was short one as I already observed. 15.Unde ..... X X X X Extracts X X X X X X X X Extracts X X X X
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