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2015 (1) TMI 70 - BOMBAY HIGH COURTDemand of differential duty - Violation of principle of natural justice - Personal hearing not granted - Held that:- The foundation or the basic requirement of rule of law is that no adverse order is passed and visiting the party like the Petitioners with civil consequences, unless their defence is considered and the parties given an opportunity of hearing. In this case, the requirement of oral hearing has admittedly not been complied with. Merely because after the Petitioners responded the matter was pending for 14 months would not justify taking it up suddenly and disposing it of in the above manner. The authority could have fixed a date of hearing and given advance notice of the same to the Petitioners so as to enable the Petitioners to remain present and put forward its case effectively and properly. That has not been admittedly done. We do not see how a notice to recover the money could have been issued unless that was preceded by an order and in terms of the Act. That the proceedings are quasi-judicial and, therefore, a reasoned order was required to be passed is apparent. We do not find any such order and being passed after hearing the Petitioners. - In the event, the Petitioners deposit a sum of ₹ 5 Crores with the Respondents within a period of eight weeks from the date of receipt of a copy of this order, the Petitioners shall be given a personal hearing and thereafter a reasoned order shall be passed and duly communicated to the Petitioners - Decided conditionally in favour of assesse.
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