Tribunal directs fresh disposal of auditor's fee case, stressing reasoned order and natural justice

The Tribunal set aside the impugned order regarding the auditor's fee due to lack of detailed discussion on crucial letter contents, directing a fresh disposal of the case emphasizing a reasoned order and principles of natural justice. The lower court was instructed to reconsider the case promptly, without appointing a new auditor, to prevent injustice and ensure substantial justice for all parties. The appeal was disposed of without costs, emphasizing the importance of fair assessment in legal proceedings for a just outcome.

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Issues involved:
- Challenge to the impugned order regarding the auditor's fee
- Lack of detailed discussion on the contents of a crucial letter in the impugned order
- Legal infirmity in the order due to inadequate evaluation of relevant materials
- Requirement of a reasoned order by the Tribunal
- Setting aside of the impugned order and directions for a fresh disposal of the case

Analysis:
The Appellant challenged the impugned order related to the auditor's fee, arguing that the amount determined was unreasonable. The Tribunal noted that the order lacked a detailed discussion on a specific letter's contents, leading to a legal infirmity. It emphasized the necessity of a reasoned order for justice and highlighted the importance of evaluating all relevant materials. Consequently, the Tribunal set aside the impugned order to ensure fairness.

The Tribunal directed the lower court to restore the case to its file and dispose of it de novo, following principles of natural justice. It emphasized the need for a thorough reconsideration of the case, providing adequate opportunities to all parties. The Tribunal aimed for a prompt resolution within four weeks, free from any influence from its own observations in the current appeal.

Furthermore, the Tribunal clarified that the consideration of appointing a new auditor was unnecessary due to setting aside the impugned order. It stressed the importance of preventing any injustice and promoting substantial justice. The lower court was instructed to allow parties to present all factual and legal arguments before issuing a fresh, reasoned order on the matter.

In conclusion, the Tribunal disposed of the appeal without costs, highlighting the need for a detailed and fair assessment in legal proceedings to uphold justice and ensure a just outcome for all parties involved.

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