Fresh hearing required where Tribunal relied on undisclosed material and a later order justified rehearing of the appeal.

The Bombay High Court set aside the impugned order, to the extent it had not already been recalled, and remitted the matter to the Tribunal for fresh consideration. The Court noted that issues already rendered infructuous were not pursued, and held that the Tribunal should rehear the entire appeal in light of its subsequent order. The appellant's grievance that material relied upon had not been made available also justified a fresh hearing, because a party must have an opportunity to meet the material used against it. The appeal was allowed.

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Issues: Whether the impugned order should be set aside and the appeal remitted to the Tribunal for rehearing in view of the subsequent Tribunal order and the grievance of denial of opportunity regarding material relied upon.

Analysis: The questions already rendered infructuous were not pursued. On the remaining controversy, the Court found it appropriate that the Tribunal rehear the entire appeal in light of its later order. The grievance that the Tribunal had considered material not made available to the appellant also supported a fresh hearing, since the appellant should have an opportunity to deal with the material relied upon.

Conclusion: The impugned order was set aside to the extent not already recalled, and the matter was remitted to the Tribunal for reconsideration. The appeal was allowed.

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