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2023 (5) TMI 1261 - DELHI HIGH COURTViolation of the principle of natural justice - opportunity of personal hearing was not granted to the petitioners - proper service of the notice in compliance with Section 37C(1) of CE Act, or not - HELD THAT:- Section 37C(1) of the Act provides for the service of the decision, order, summons or notice by sending it through registered post with acknowledgment due to the person for whom it is intended. It provides that in case the same cannot be served through registered post, it should be served by affixing a copy thereof to some conspicuous part of the factory or warehouse or other place of business or usual place of residence of the person for whom such decision, order, summons or notice is intended. It is an admitted case that the notices in the present case could not be served on the petitioners since no one was found in the premises. Mr. Anuj Gupta, admittedly, had informed the authorities that the company has been taken over by a new management and the data can be procured from www.mca.gov.in. This Court is conscious of the fact that the impugned orders are appealable orders. The impugned orders can be challenged by filing an appeal in terms of Section 35B of the Act. However, since the impugned orders have been passed without complying with the principles of natural justice and that the petitioners have approached this Court immediately on becoming aware of the impugned order, this Court considers it apposite that one opportunity is granted to the petitioners to present their case by filing an appropriate reply before the Adjudicating Authority. The matter is restored before the Adjudicating Authority - petition allowed.
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