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2012 (5) TMI 269 - CESTAT, MUMBAINatural justice - stay application – Held that:- appellant sought an adjournment which was considered and the matter was fixed on 28/10/2009 but unfortunately before that date the appellants met with an accident on 18/10/2009 wherein both the legs were fractured and these facts have been communicated to the Commissioner well in advance along with supporting evidence i.e. photographs, medical certificates, etc. and the Commissioner failed to consider the contention of the appellants for adjournment of the case and did not grant any further adjournment in the case. Thereafter, after two months, he passed the adjudication order. If the Commissioner had given an opportunity after two months to the appellants, the appellants could not have pleaded before this bench that no reasonable opportunity was given to the appellants.Therefore, we are of the opinion that principles of natural justice has been violated by the Commissioner while passing the order, matter remanded back to the Commissioner, appeal as well as the stay applications are disposed of
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