Court Upholds Division Bench Decision on Noticees' Right to Documents

The court dismissed the writ petition, emphasizing the petitioner's obligation to attend the personal hearing and raise all contentions during adjudication. The judge upheld the Division Bench's decision that noticees are entitled to documents relied upon, not all mentioned in the show cause notice, rejecting the petitioner's claim of not receiving all documents. Despite supportive orders from a Single Judge in similar cases, the judge followed the Division Bench's ruling, directing the petitioner to participate in the personal hearing and present all contentions.

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Issues involved:
1. Allegations of violation of intellectual property rights and under-valuation against a steamer agent.
2. Petitioner's claim of not being served with all documents mentioned in the show cause notice.
3. Interpretation of whether documents referred to in the show cause notice need to be provided to the noticee.
4. Conflict between a Single Judge's decision and a Division Bench's decision regarding the requirement to provide all documents at the show cause notice stage.

Analysis:
1. The case involves a steamer agent accused of violating intellectual property rights and under-valuation. The petitioner denies the allegations and claims not all documents mentioned in the show cause notice were served. The petitioner insists on receiving specific documents to prepare for a personal hearing.

2. The petitioner's counsel argues that certain documents, including a manifest filed by a third party, were not submitted by the petitioner. The respondent opposes the prayer, citing a Division Bench decision that documents not relied upon need not be provided before adjudication. The learned standing counsel confirms reliance only on documents listed in the show cause notice.

3. The judge distinguishes between documents referred to and those relied upon in the adjudication process. The Division Bench's decision emphasizes that noticees are entitled to documents relied upon, not all mentioned. The judge upholds this distinction and dismisses the petitioner's claim of not receiving all documents.

4. Despite a Single Judge's supportive orders in similar cases, the judge follows the Division Bench's decision, obliging noticees to raise concerns during adjudication. The petitioner's premature court approach is noted, with the judge finding no violation of natural justice principles. The petitioner is directed to participate in the personal hearing and present all contentions.

In conclusion, the court dismisses the writ petition, emphasizing the petitioner's obligation to attend the personal hearing and raise all contentions during adjudication. The conflicting decisions between a Single Judge and a Division Bench highlight the importance of following the latter's ruling in similar cases.

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