TMI Blog2011 (12) TMI 184X X X X Extracts X X X X X X X X Extracts X X X X ..... f natural justice – Held that:- It clearly emerges that the proceedings are still pending. Any grievance with respect to the conduct of the enquiry can as well be raised once the final order is passed. Whether principles of natural justice are violated or not and if so what would be the effect on the ultimate conclusions and the order of the adjudicating authority are issues not possible for us to contemplate upon at this interim stage. Therefore, keeping all rights and contentions of the petitioners open to be raised once the final order is passed. - 18786 of 2011, 18787 of 2011 - - - Dated:- 29-12-2011 - Akil Kureshi, Sonia Gokani, JJ. Paresh M. Dave for the Appellant JUDGEMENT Akil Kureshi: 1. Special Civil App ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ination would violate principles of natural justice. 5. We had disposed of those petitions i.e. Special Civil Application No.2072 of 2011 and Special Civil Application No.2073 of 2011 by our order dated 28.4.2011 in following terms:- "At the outset, we may record that the counsel for the petitioners did not press for the request for cross examination of the departmental officers, keeping open all the contentions in this regard open - to be argued before the departmental authorities. In that view of the matter, we close this issue without expressing any opinion on the rival contentions, leaving it open to the parties to raise all contentions in the pending proceedings before the Adjudicating Authority. With respect to the request ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issue a Writ of Prohibition or any other appropriate writ, direction or order, completely and permanently prohibiting respondent No.2 herein from adjudicating upon show cause notice dated 5.12.2008 (Annexure "A") issued to Unicorn Industries and show cause notices dated 27.4.2007, 25.5.2007 and 31.1.2008 issued to K.C. Trading Company, without giving to the petitioners documents, records, registers etc. maintained at the Customs House Laboratory, Kolkata as regards the samples taken from the factory of Messrs Unicorn on 11.10.2007; (B) That Your Lordships may be pleased to issue a Writ of Mandamus or a Writ of Certiorari or any other appropriate writ, direction or order, quashing and setting aside the decision of the second respondent h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cating authority is acting unreasonably and in gross violation of the principles of natural justice and also contrary to the spirit of the order passed by this Court on 28.4.2011. He submitted that in that view of the matter, the adjudicating authority be directed to give such documents and thereafter permitted further cross-examination of the officer. 9. We are of the opinion that at this interim stage when the adjudicating authority has yet to pass any final order, it would not be appropriate on our part to examine the contentions of the petitioners. It clearly emerges that the proceedings are still pending. Any grievance with respect to the conduct of the enquiry can as well be raised once the final order is passed. We cannot presume ..... X X X X Extracts X X X X X X X X Extracts X X X X
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