9911796707
TMI Blog2024 (12) TMI 930X X X X Extracts X X X X X X X X Extracts X X X X ..... ndent No. 3: Mr. Harpreet Kaur a/w Mr. Saransh D. Sonar i/by Mr. Satyaprakash Sharma and Mr. Harshad Shingnapurkar. P.C. (PER JITENDRA JAIN, J.) :- 1. Rule. The Rule is made returnable immediately at the request of and with the consent of the learned counsel for the parties. 2. By this petition under Article 226 of the Constitution of India, the petitioner seeks to challenge the Order-in-Appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the petitioner filed letter giving details of its filing the appeal physically and as to payment of pre-deposit. 4. On 5 December 2023 and 13 December 2023, representative of the petitioner appeared and made submissions on merits before respondent No. 2. However, on 28 March 2024 respondent No. 2 dismissed the appeal filed by the petitioner on the ground that the pre-deposit had not been made, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... king their say on the three grounds on which the main appeal came to be dismissed, that is non-payment of pre-deposit, application for condonation of delay and board resolution of authorised person. Even the order rejecting the application came to be passed without hearing the petitioner. 7. In our view, the appellate authority ought to have put to the petitioner the grounds on which he proposed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r dated 31 July 2024 being contrary to the principles of natural justice. 8. Respondent No. 2 will give the petitioner personal hearing stating grounds of deficiency and give adequate opportunity to the petitioner to rectify the same or to satisfy that no such grounds exists. Respondent No. 2, should thereafter hear the petitioner on merits and pass speaking order. 9. All rights and contentions ..... X X X X Extracts X X X X X X X X Extracts X X X X
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