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2009 (4) TMI 100 - HC - CustomsNon-Renewal of CHA Licence – Natural Justice – Right of Hearing when request is made - Tribunal has relied on the order passed against C.R. Unnikrishnan and has quoted extensively from the said order. After quoting from the said order, the learned Commissioner proceeded on the footings that Unnikrishnan as a partner of the CHA firm was involved in the export fraud. Admittedly, in proceedings taken out by Unnikrishnan against the said order, it was set aside. Proceedings to rely upon an order which was set aside would disclose non-application of mind or relying on irrelevant material. Considering that irrelevant material was considered, it would vitiate the order much as considering extraneous material. – Held and directed that the respondent no. 3 before proceeding to hear and dispose off the matter to give an opportunity to the petitioner as they had sought such an opportunity.
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