Legal Challenge Succeeds: Appeal Reinstated with Directive for Fair Reconsideration of Merits by Respondent Under Natural Justice Principles

HC allowed Petitioner's challenge to appeal dismissal. Court found insufficient grounds for rejection, emphasized principles of natural justice, and directed Respondent to reconsider appeal on merits. Order restored appeal for fresh hearing by 30th June 2025, with no costs imposed.

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In the case before the Bombay High Court, the Petitioner challenged the dismissal of their appeal by Respondent No. 2, as detailed in Order-in-Appeal No. SK/84/Appeals-II/ME/2024-25 dated 30th June 2024. The dismissal was based on the absence of a signature from an authorized signatory, without any proof such as a board resolution to validate the signatory's authority. The Court noted that similar cases had been entertained and allowed where appeals were rejected under analogous circumstances due to issues with signatory authorization.The Court found that sufficient material existed to prove the signatory's authorization in the present case. It emphasized that Respondent No. 2 should have notified the Petitioner of any objections regarding evidence or submissions, as failing to do so violated principles of natural justice and fair play. Consequently, the Court set aside the impugned Order and restored the Petitioner's Appeal for fresh consideration on its merits, instructing Respondent No. 2 to provide a hearing opportunity to all parties and issue a reasoned order. The Court requested the appeal be disposed of by 30th June 2025, with no order as to costs, and made the rule absolute in these terms. The order will be digitally signed and communicated via fax or email.

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