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2011 (8) TMI 1243 - BOMBAY HIGH COURT

2011 (8) TMI 1243 - BOMBAY HIGH COURT - TMI - WRIT PETITION NO.6010 OF 2011 - Dated:- 1-8-2011 - DR.D.Y.CHANDRACHUD & ANOOP V. MOHTA, JJ. Mr. Prakash Shah with Mr. Ayush Agarwal i/b PDS Legal for the Petitioner. Mr. Pradeep S. Jetly with Mr. Jitendra B. Mishra for the Respondents. ORDER 1. Rule, by consent returnable forthwith. With the consent of Counsel and at their request the Petition is taken up for hearing and final disposal. 2. The Petitioners are aggrieved by communications issued to .....

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ls upon the Petitioners to pay the duty alleged to have been short paid. 3. The grievance of the Petitioners is that ( i) No hearing was afforded to them by the Deputy Commissioner of Customs; (ii) No speaking order has been passed and (iii) Even the elementary principles of natural justice have therefore not been complied with. Counsel appearing on behalf of the Respondents urged that the Petitioners should be relegated to the remedy of filing an appeal against the orders passed by the Deputy C .....

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dy of an appeal. There is manifestly a failure of compliance of the principles of natural justice. 4. In Automotive Tyre Manufactures Asson v. Designated Authority 2011 (263) E.L.T. 481 (S.C.) the Supreme Court held that if one person hears and another decides, a personal hearing would become an empty formality. An order passed by a quasi judicial authority without complying with the principles of natural justice would therefore be invalid. The same principle would govern the present case. Merel .....

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