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2019 (8) TMI 964 - BOMBAY HIGH COURTPrinciples of Natural Justice - impugned orders admittedly passed without hearing the petitioner - HELD THAT:- Both the impugned orders have been passed in the absence of the petitioner. This non-representation of the petitioner undisputedly was because notice of hearing issued by the registry of the Tribunal was sent to the old address and not the correct address. Thus, the petitioner had no notice of the fact that the Revenue’s appeal was scheduled for hearing on 18 November 2016. The notice of the hearing was not served at the existing address of the petitioner by the Registry leading to order dated 25 May 20188 without hearing the petitioner. Thus both the impugned orders are in breach of principles of natural justice. The process of taking decisions having civil consequences include in it certain requirements such as an opportunity to party to put up its case. This is absent in respect of both the orders. Therefore we exercise our extra ordinary jurisdiction under Article 226 of the Constitution by not relegating the petitioner, in the peculiar facts of this case, to the remedy of appeal provided under the Act. Petition allowed.
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