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2015 (5) TMI 1158 - DELHI HIGH COURTSettlement commission order - denial of natural justice - additional report was submitted by the Commissioner on 19.02.2015 in the course of the hearing being granted to the petitioner under Section 245D (2C) proviso and no opportunity was granted to the petitioner to respond to the same - Held that:- The documents which were filed on 19.02.2015 constituted part of the report which the Commissioner had initially filed on 10.02.2015. We also note that the Settlement Commission had relied upon the documents which were filed on 19.02.2015. In this backdrop, we are of the view that adequate opportunity was not given to the petitioner to respond to the said documents. For this reason, we are setting aside the impugned order dated 24.02.2015. We are remitting the matter to the Settlement Commission to the stage of consideration of the Commissioner’s report and of giving an opportunity of hearing to the petitioner. Mr. Syali, the learned senior counsel appearing on behalf of the petitioner, states that he shall not take the plea of limitation with regard to the additional documents dated19.02.2015 and they shall be construed and deemed to be part of the original report dated 10.02.2015 submitted by the Commissioner.
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