Natural justice requires a hearing before attachment orders are issued; the HC set aside the order and remitted the matter.

An attachment order passed without affording the petitioner an opportunity of hearing was held unsustainable. The HC found that the petitioner had indisputably not been heard before the impugned order was issued, so the order could not be maintained consistently with natural justice. The order was therefore set aside and the matter remitted for fresh disposal after giving the petitioner an opportunity to be heard and for reconsideration in accordance with law.

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Issues: Whether the impugned attachment order was liable to be set aside for breach of natural justice due to opportunity before its issuance.

Analysis: The petitioner challenged the attachment order on the ground that no opportunity was granted before passing it. The Court found that the petitioner had indisputably not been heard before the impugned order was made. In these circumstances, the order could not be sustained and the matter required fresh consideration after affording an opportunity to the petitioner.

Conclusion: The impugned order was set aside and the matter was remitted for fresh disposal after giving opportunity to the petitioner.

Ratio Decidendi: An order passed without affording an opportunity of hearing is unsustainable and is liable to be set aside, with the matter remitted for reconsideration in accordance with law.

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