2005 (6) TMI 41

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..... r. Jitendra M. Malkan appearing on behalf of the respondent authorities. RULE returnable today. Mr. Malkan waives service and the matter is taken up for final hearing and disposal at the request of the learned counsel. 2. The dispute between the parties lies in a very narrow compass - As to whether the order of the Commissioner (Appeals) is served on the petitioner or not? The petitioner vide com .....

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..... her time was prayed for and granted. 4. Today, when the matter is taken up for hearing, the learned counsel appearing for the respondent authorities has placed reliance on the affidavit dated 22nd June, 2005, sworn by Commissioner (Appeals), Surat-I, Shri V. Padmanabhan. In the affidavit-in-reply the same averments, as made in communication dated 1st September, 2004, have been repeated. Nothing h .....

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..... mains undisputed. 6. The petition is, accordingly, required to be allowed. The respondent authorities are directed to serve a copy of the order of Commissioner (Appeals) bearing OIA No. YPP/805/SRT/2003, dated 24th November, 2003 on or before 2nd July, 2005. The petition is allowed to the aforesaid extent. Rule made absolute. The respondent authorities shall pay the costs quantified at Rs. 1,500/ .....

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