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TMI Blog2005 (6) TMI 41X X X X Extracts X X X X X X X X Extracts X X X X ..... t authorities. RULE returnable today. Mr. Malkan waives service and the matter is taken up for final hearing and disposal at the request of the learned counsel. 2. The dispute between the parties lies in a very narrow compass - As to whether the order of the Commissioner (Appeals) is served on the petitioner or not? The petitioner vide communication dated 16th September, 2004 has categorically s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e matter is taken up for hearing, the learned counsel appearing for the respondent authorities has placed reliance on the affidavit dated 22nd June, 2005, sworn by Commissioner (Appeals), Surat-I, Shri V. Padmanabhan. In the affidavit-in-reply the same averments, as made in communication dated 1st September, 2004, have been repeated. Nothing has come on record to rebut the averments, made in writi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... equired to be allowed. The respondent authorities are directed to serve a copy of the order of Commissioner (Appeals) bearing OIA No. YPP/805/SRT/2003, dated 24th November, 2003 on or before 2nd July, 2005. The petition is allowed to the aforesaid extent. Rule made absolute. The respondent authorities shall pay the costs quantified at Rs. 1,500/-. 7. On 3rd May, 2005 when the order was made the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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