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2024 (3) TMI 58 - CALCUTTA HIGH COURTViolation of principles of natural justice - Opportunity of personal haring not provided - it is submitted that although, there is an appellate provision, an appeal is no substitute for the order to be passed on consideration of the petitioner’s response, which in this case has been denied - HELD THAT:- Once, the petitioner had sought for an extension, the respondent no. 1 was obliged to consider the application for extension and ought not to have passed the final order without appropriately considering the petitioner’s application for extension. The final order was also not passed immediately. The same was passed on 20th December, 2023, which is more than a month from the date the petitioner had sought for extension. Although, the discretion to grant an adjournment vests in the authority, in my view such discretion must be exercised judiciously. The manner in which the respondent no. 1 has proceeded to pass the final order without granting extension to the petitioner either to file its response or to be offered personal hearing, despite the petitioner showing sufficient cause, appears to be a colorable exercise of power by the said authority. Although it has been argued by the respondents that the petitioner has an alternative remedy in the form of an appeal, an appeal is no substitute to revisit of an ex-parte order, especially when the defense of the petitioner is not on record. Further since, the order stands vitiated on the ground of violation of the principles of natural justice, alternative remedy in the form of an appeal is no bar for exercise of extraordinary writ jurisdiction. Since the impugned order cannot be sustained, the same is set aside - Petition disposed off.
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