TMI Blog2015 (11) TMI 1463X X X X Extracts X X X X X X X X Extracts X X X X ..... g authority certificates - Held that:- Since the petitioner disputes the very service of notice with regard to hearing of the case as well as the failure on the part of the authority to afford an opportunity of personal hearing and the learned standing counsel appearing for the respondent, on the other hand pointed out the absence of the petitioner and his counsel on the date of hearing, this cour ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l levy of penalty, the petitioner is now before this court with this writ petition. 2. The case of the petitioner in brief is that the petitioner company is a company registered under the Companies Act. The petitioner is exempted from customs duty. During the routine course of business, the petitioner company imported various goods according to their needs. While so alleging that the petitioner ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4.2006. While so, the respondent passed the impugned order on 21.04.2006 without giving an opportunity of hearing and without following the directions of the Division Bench of this Court in W.A.Nos.1964 1965 of 2005 dated 13.02.2006. The grievance of the petitioner is that the impugned order has been passed in gross violation of principles of natural justice. It is the said order now under chall ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her hand, the learned standing counsel for the respondent would submit that, as a matter of fact, a notice was issued to the petitioner for personal hearing on 20.03.2006 and on that day a counsel represented on behalf of the petitioner and the case was adjourned to 12.04.2006. On 12.04.2006, neither the petitioner nor his counsel appeared before the authority and as such, as directed by the Divis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se all the grounds including violation of principles of natural justice. On such filing of appeal, the authority concerned shall take the appeal on file without any reference to the period of limitation and dispose of the same on merits and in accordance with law after giving due opportunity to the petitioner within a period of four weeks thereafter. 9. The writ petition is disposed of with the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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