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2023 (11) TMI 660 - PATNA HIGH COURTMaintainability of appeal - appeal dismissed for non-prosecution - despite opportunity being granted to the appellant to produce the documents in support of his case, he did not produce the same - supplier was not issued a notice in the appeal - principles of natural justice - HELD THAT:- The Appellate Authority even while considering the appeal ex parte will have to consider the grounds raised in the memorandum of appeal, deciding the appeal on merits, failing which it would be abdicating its powers especially looking at the provisions where the Appellate Authority has been empowered to conduct such further enquiry as found necessary to decide the appeal, which decision also shall be on the points raised. The appeal restored before the Appellate Authority - petitioner shall appear before the Appellate Authority on 25.07.2023. The Appellate Authority or its office shall fix a date of hearing on the said date, with due acknowledgment taken from the appellant; if the date of hearing is issued from the office, proceed with the hearing on the date fixed and dispose of the appeal on merits within three months from the date of last hearing. Petition allowed.
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