TMI Blog2019 (7) TMI 323X X X X Extracts X X X X X X X X Extracts X X X X ..... MR J. B. PARDIWALA MR B. N. KARIA, JJ. For The Petitioner (s) : MS VAIBHAVI K PARIKH For The Respondent (s) : MR SOHAM JOSHI, ASST. GOVERNMENT PLEADER IA ORDER ( PER : HONOURABLE MR.JUSTICE J.B.PARDIWALA) 1. This is an application at the instance of the original respondent seeking recall of the judgement and order passed by this Court dated 30.08.2018 in the Special Civil Application No.1889 of 2017. The recall is prayed for substantially on the ground that at the time of the final hearing of the main matter, the learned counsel appearing for the respondent was not in a position to remain present before the Court and make his submission ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r the applicant assessee. It is further submitted that the Rule issued by this Hon ble Court was served upon the Applicant Company. It is submitted that the director or the Authorized Signatory of the Applicant Company was not aware of the Rule issued by this Hon ble Court because the papers were received by a clerk named Kirtikumar D. Purohit of the Applicant company as no authorized responsible person was there in the officer of the Applicant Company at the time of service of the papers. The said clerk therefore kept the said papers in the drawer of his table thinking that he shall handover the said papers personally to the authorized personnel of the Applicant Company. But later on, the fact that he had received the papers had unfortun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under Article 32 as a recall petition because the order passed in the decision in All Bengal Licensees Association. Vs. Raghabendra Singth Ors. [2007(11) SCC 374] cancelling certain licences was passed without giving opportunity of hearing to the persons who had been granted licences. 5. In the case of State of Punjab vs. Davinder Pal Singh Bhullar, 2012 AIR SCW , the Supreme Court, inter alia, observed as under: Para 27 ... If a judgment has been pronounced without jurisdiction or in violation of principles of natural justice or where the order has been pronounced without giving an opportunity of being heard to a party affected by it; or where an order was obtained by abuse of the process of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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