1991 (5) TMI 66

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... s application, the disposal of the proceeding pursuant to the show cause notice is under challenge on a very short point that no personal hearing has been given before cancelling the show cause proceedings. As a result, the petitioners have suffered serious prejudice. It has been indicated in the affidavit in reply that, as a matter of fact notice was sent to the petitioners maintained the date on .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... e date stamp is of a date which is later than the date when the person stated to have received the communication, is mentioned. It appears that the formalities required to be maintained by the postal department had not been maintained properly and it is quite doubtful whether the petitioners had actually received the same before the date of hearing. Prima facie, it appears that, no useful purpose .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... have received the communication before the date of hearing and for such non-communication, they could not appear and make submission, we dispose of this application by setting aside the order passed on the said show cause notice which is impugned in this application. 2. We direct that, on 17th May 1991, a hearing should be given to the petitioners pursuant to the impugned show cause notice. It h .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X