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1973 (9) TMI 1 - GUJARAT HIGH COURTValidity of order - We hold that the order, passed by the respondent in the inquiry under section 132(5) was illegal and void as it was passed in violation of the mandatory requirements of rule 112A(4) and in violation of the principles of natural justice. We, therefore, allow this special civil application and quash and set aside the order passed by the respondent as the same was illegal. As a consequence of quashing and setting aside the, it will follow that the amount of Rs. 1,70,000 and 23 guineas which were seized by the respondent from the locker in the Surat People's Co-operative Bank must be returned to the petitioner. It will, however, be open to the respondent to adopt such proceedings as he can in law adopt as regards these two items. The respondent must pay the costs of this special civil application to the petitioner. Rule is made absolute accordingly. Mr. Kaji, for the respondent, applies that the operation of this order may be stayed for two weeks so that in the meanwhile an application for leave to appeal to the Supreme Court may be preferred. Operation of this order is stayed accordingly for a period of two weeks from to-day
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