Natural justice required fresh adjudication after failure of notice service and denial of effective opportunity to reply.

An adjudication order was interfered with for breach of natural justice because the show cause notice was not shown to have reached the proper party after transfer of the licence, and no effective opportunity to reply was afforded. To secure fair procedure, the order was set aside and the matter remanded for fresh adjudication after service of notice and a reasonable opportunity to respond.

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Issues: Whether the adjudication order was liable to be set aside for breach of natural justice on account of non-service of notice and lack of effective opportunity of hearing, and whether the matter should be remanded for fresh adjudication.

Analysis: The appellants had transferred the licence and asserted that the show cause notice had not been received by them. In the circumstances, the adjudication was viewed as having proceeded without ensuring that the notice had reached the proper party and without affording an effective opportunity to reply. To secure fair procedure, the order was interfered with and the matter was sent back for fresh consideration after supplying the notice and permitting a reply within a reasonable time.

Conclusion: The impugned order was set aside and the matter was remanded to the adjudicating authority for fresh adjudication after notice and reply.

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