Natural justice requires a meaningful hearing before dismissing a statutory appeal; order set aside and matter remitted.

An appellate order dismissing a statutory appeal was held unsustainable where the appellant was not given an effective personal hearing. Although notice had been issued to the address stated in the appeal, the registration had already been cancelled and business discontinued before the hearing concluded, so that address could not safely be treated as a valid channel for hearing or communication. The absence of a meaningful opportunity to be heard amounted to breach of natural justice, and the matter was remitted for fresh consideration after hearing the petitioner.

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Issues: Whether the appellate order dismissing the statutory appeal without effective personal hearing was liable to be set aside for breach of natural justice.

Analysis: The challenge was to an appellate order passed in the absence of the appellant. The record showed that notices were issued to the address furnished in the appeal, but the petitioner's registration had already been cancelled and business discontinued before the hearing process culminated. In that situation, the address in the appeal could not safely be treated as a valid address for hearing and communication. Since the appeal was decided without affording a meaningful opportunity of hearing, the requirement of fair procedure was not satisfied.

Conclusion: The appellate order was unsustainable and was set aside. The matter was remitted for fresh consideration and disposal after giving the petitioner an opportunity of hearing.

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