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2015 (10) TMI 785 - BOMBAY HIGH COURT

2015 (10) TMI 785 - BOMBAY HIGH COURT - 2015 (40) S.T.R. 447 (Bom.) - Order passed without an opportunity of being heard given to the Petitioner - Impugned orders were passed on the merits of the Refund Applications Letters filed by the Petitioner specifically accorded for an oral hearing which was not given Respondent could not dispute that a prior hearing (oral / personal) was not given Held That:- Opportunity of a personal hearing be given to Petitioners before passing fresh speaking or .....

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two orders, both dated 31st July, 2015 (Annexures A1 and A2 to the Petition), under which the Refund Applications of the Petitioners were rejected by the Respondents. 3. Mr Paranjape, learned counsel appearing on behalf of the Petitioners, submitted that in the facts and circumstances of this case, the impugned orders were passed on the merits of the Refund Applications but without affording an opportunity of any oral hearing to the Petitioners. He submitted that according to the Petitioners, t .....

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their refund claim, and they reserve their right to make submissions thereafter. Mr Paranjape submitted that despite this, the impugned orders were passed on the merits of the Refund Applications and without giving the Petitioners any prior hearing. 4. Mr Jetly, learned counsel appearing on behalf of the Respondents, could not dispute that a prior hearing (oral / personal) was not given to the Petitioners before the impugned orders were passed. 5. In light of the above concession and the undisp .....

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