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Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
<h1>Court sets aside ex parte order for improper service, case remitted for fresh hearing.</h1> The High Court set aside an ex parte order due to improper service, remitting the case back to the adjudicating authority for reconsideration. Fresh ... Service of notice - postal return marked 'LEFT' - ex parte order - right to personal hearing - remand for fresh adjudicationService of notice - postal return marked 'LEFT' - ex parte order - right to personal hearing - remand for fresh adjudication - Whether the ex parte order passed by the Additional Commissioner of Customs could be sustained when service of the call notice was shown by a postal endorsement 'LEFT'. - HELD THAT: - The Court held that the postal remark 'LEFT' is ambiguous and does not clearly indicate that the addressee was properly served; it is unclear whether an intimation was left for the addressee or the addressee had left the premises. On that basis the Court found that proper service was not established and an ex parte order premised on such service could not be sustained. Consequently the impugned ex parte order was set aside and the proceedings were remitted to the adjudicating authority for fresh consideration. The adjudicating authority was directed to give the petitioner a fresh opportunity of personal hearing and to pass a reasoned order expeditiously, within three months from receipt of the copy of the Court's order. All rival contentions were kept open and no order as to costs was made. [Paras 3, 4, 5]Impugned ex parte order set aside for want of proper service; proceedings remitted for fresh adjudication with direction to afford personal hearing and decide by a reasoned order within three months; rival contentions kept open; no costs.Final Conclusion: The High Court set aside the ex parte order because service evidenced by the postal endorsement 'LEFT' was held to be insufficiently certain; the matter is remitted to the Additional Commissioner of Customs for fresh hearing and reasoned disposal within three months, with all contentions kept open. The High Court set aside an ex parte order due to improper service, remitting the case back to the adjudicating authority for reconsideration. Fresh opportunity for hearing was ordered, with a deadline of three months for a new decision. No costs were awarded.
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