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2019 (6) TMI 637

..... nistry of Law, Justice and Company Affairs, Government of India - violation of principles of natural justice as certain statements made by some buyers and these statements have been acted upon without afford of any opportunity or cross examination to the Petitioners - HELD THAT:- In the present case, after the show cause notice dated 6th September, 2017 was served upon the Petitioners, the Petitioners chose to file reply through their Chartered Accountant. Neither in the reply nor at any stage of the proceedings before the impugned order came to be made, the Petitioners objected to taking into consideration the statements of the buyers on the ground that the same were not tested in the cross examination. There was no request made for examin .....

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..... Government of India. 3. Mr. Shetty, learned Senior Advocate for the Petitioners concedes that there is an alternate remedy available against the impugned order dated 17th May, 2018. However, he submits that in the present case, the impugned order is based upon certain statements made by some buyers and these statements have been acted upon without afford of any opportunity or cross examination to the Petitioners. He submits that this is clear case of violation of principles of natural justice and fair play not to mention the violation of statutory rules in force. He submits that where there is violation of principles of natural justice and fair play, an alternate remedy can never be held as a bar. 4. Mr. S. Shetty relies upon a decision of .....

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..... ontention with regard to the alleged breach of principles of natural justice can always be raised before the Appellate Authority. Accordingly, we uphold the preliminary objection raised and dismiss the present petition. However, we leave it open to the Petitioners to avail alternate remedy available under the statute. 7. Accordingly, we make it clear that none of the observations in this order should be used to foreclose any contentions which any of the parties may have, in case the Petitioners, choose to avail of an alternate remedy available under the statute. 8. Accordingly, this petition is dismissed with liberty as aforesaid. There shall be no order as to costs. 9. At this stage, Mr. S. Shetty, learned Senior Advocate appearing for the .....

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