TMI Blog2014 (7) TMI 940X X X X Extracts X X X X X X X X Extracts X X X X ..... aim. - On receipt of such notice, the respondents shall afford an opportunity of hearing to the petitioner and then pass orders on merits and in accordance with law. - Writ Petition No. 1358 of 2014 and M. P. No. 1 and 2 of 2014 - - - Dated:- 16-6-2014 - B. Rajendran,JJ. For the Petitioner : Ms. Maithili for M/s. Maithili Associates For the Respondents :Mr. V. Sundareswaran ORDER The petitioner has come forward with this writ petition challenging the show cause notice dated 16.12.2013 issued by the first respondent. In and by the said notice, the petitioner was called upon to show cause as to why the amount of ₹ 18,32,782/- sanctioned and paid to them by the second respondent be not recovered under Section 11A o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nai. Aggrieved by the same, the petitioner filed WP No. 19649 of 2012 before this Court to quash the order appropriating the arrears amount of ₹ 18,32,782/- and this Court, by order dated 28.09.2012 set aside the order of appropriation. As against the order dated 28.09.2012 in WP No. 19649 of 2012, the Department has also filed Writ Appeal and it is pending. However, on the basis of the order passed by this Court on 28.09.2012, the sum of ₹ 18,32,782/- was paid to the petitioner on 25.02.2013. In the meantime, a letter dated 05.10.2012 was issued to the petitioner seeking to recover the interest, against which WP No. 28776 of 2012 was filed and interim stay was granted by this Court. During the pendency of the writ petition, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d notice, the petitioner was only called upon to submit their objections, if any. The show cause notice has been issued in compliance with the principles of natural justice and it cannot be said to be arbitrary or illegal. Therefore, the writ petition is disposed of with a direction to the petitioner to submit their explanation to the notice which is impugned in this writ petition along with necessary documents in support of their claim. On receipt of such notice, the respondents shall afford an opportunity of hearing to the petitioner and then pass orders on merits and in accordance with law. It is needless to mention that the petitioner shall also be permitted to engage an auditor of their choice, if they so desire. No costs. Consequently ..... X X X X Extracts X X X X X X X X Extracts X X X X
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