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2021 (10) TMI 646 - HC - Companies LawMaintainability of petition - availability of alternative remedy of appeal - Principles of natural justice - due service of notice to all Respondents present in India and overseas - HELD THAT:- It may not be necessary to delve into detail the submissions made by learned Counsel for the rival parties. Suffice it to say that while learned Counsel for the Petitioners submitted that the impugned order was passed without providing due opportunity of hearing to the Petitioners and thus violative of the principles of natural justice, learned Addl. Solicitor General of India pointed out that Petitioners have got efficacious alternative remedy by way of appeal and therefore Petitioners should be relegated to the appellate forum. Union of India had made all possible efforts to serve copies of the Petitions to the Respondents either by email or by delivering physical copies or by post. Tribunal recorded that some of the Respondents had received copies and some had not received entire paper book. Therefore they had stated that they were not in a position to defend the matter in any manner. Though on this count adjournment was not sought for, the same was denied - there is no finding recorded by the Tribunal as to which of the Respondents were served and as to which of the Respondents did not receive entire paperbook. It is fundamental to the judicial system which we follow that before adverse order is passed against a party it is required to be duly served and a reasonable opportunity of hearing should be granted to it. Failure to do so will strike at the very root of the justice delivery system - the Tribunal is directed to hear the Petitioners afresh and thereafter pass appropriate order(s) in accordance with law - petition disposed off.
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