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2023 (8) TMI 643 - ALLAHABAD HIGH COURTViolation of principles of natural justice - ex-parte impugned order - petitioner could not appear on the date fixed for personal hearing - HELD THAT:- Having perused the record, in the first place, it is not in doubt that rules of natural justice have been breached. The adjudicating authority ought to have fixed reasonable date for filing reply and for personal hearing. That procedure was not followed. It may be true that the petitioner may have been at fault in not filing reply on the date fixed and having not filed any application thereafter. Yet, the adjudicating authority chose not to pass any order and did not fix any other date for hearing in the matter for a long period of five months. There are no reason for the adjudicating authority to pass that ex parte order, without any further notice. Since no order had been passed on that date, the adjudicating authority was obligated to fix another date. To that extent the petition must succeed. However, at the same time, there is fault on the part of the petitioner in neither filing appeal within limitation nor approaching this Court within reasonable time. Therefore, equities have to be balanced. The writ petition is disposed of with the observation, in case the petitioner deposits a sum of Rs. 75,000/- before the adjudicating authority-respondent No.2 within three weeks from today, the impugned order shall stand set aside. Further, petitioner may file its reply to the contents of the notice and the order within a period of two weeks thereafter.
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