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2023 (3) TMI 1391 - MADRAS HIGH COURTBenami transaction - As argued petitioner submits that, without providing any opportunity to the petitioner, the first respondent has passed the impugned order, which is in violation of the principles of natural justice - respondent submits that, initially, notice was sent to the petitioner and the petitioner appeared before the Initiating Authority and petitioner has given four addresses, from which, all are incorrect address. Due to which, the notices sent to the petitioner were returned with an acknowledgment “no such person”. Hence, the present impugned order was passed in the absence of the petitioner - HELD THAT:- This Court is of the view that, expressing any opinion on the merits of the case would adversely affect the interest of the petitioner as well as the respondents. This Court has to see whether any opportunity was given to the petitioner before passing the impugned order. A perusal of the impugned order reveals that, the petitioner had not appeared before the adjudicating authority. In his absence, the present impugned order is passed, which is in violation of principles of natural justice. In view of the above, the impugned order passed by the first respondent u/s 26(3) of the Prohibition of Benami Property Transactions Act, 1988, is set aside and the matter is remitted back to the first respondent for fresh consideration.
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