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of <h1>Tribunal overturns ex parte order, stresses fair hearing and procedural fairness.</h1> <h3>BHARATI ENTERPRISES Versus COMMISSIONER OF CUSTOMS, BOMBAY</h3> BHARATI ENTERPRISES Versus COMMISSIONER OF CUSTOMS, BOMBAY - 1996 (84) E.L.T. 124 (Tribunal) Issues: Non-compliance with principles of natural justice in adjudication proceedings.In this case, the appellants argued that they were not given a fair opportunity to present their case due to non-compliance with the principles of natural justice. The advocate for the appellants highlighted that despite filing a detailed reply to the show cause notice, the adjudicating authority proceeded ex parte against them without considering their submissions. The Departmental Representative, on the other hand, contended that the appellants were duly informed of the hearing dates and failed to appear, leading to the ex parte decision. The Department argued that the procedural aspects followed by the Customs Department justified the decision taken. The Tribunal observed that the appellants were not personally heard before the decision was made, and the reply filed by them was not considered in assessing their penal liability. The Tribunal emphasized that natural justice requires a person not to be condemned without a fair opportunity to present their case. Therefore, the Tribunal set aside the ex parte order and directed the adjudicating authority to grant a personal hearing, consider the appellants' reply, and decide the matter afresh. The appellants were instructed to cooperate fully in the proceedings and were warned against seeking unnecessary adjournments to delay the process. The adjudicating authority was directed to provide advance notice of the hearing date to the appellants.This judgment serves as a reminder of the importance of adhering to the principles of natural justice in adjudication proceedings and ensuring that parties are given a fair opportunity to present their case. It highlights the need for quasi-judicial authorities to act judicially and consider all relevant submissions before making a decision that could impact the rights of the parties involved. The Tribunal's decision to set aside the ex parte order and remand the matter for a fresh decision underscores the significance of procedural fairness and the right to be heard in legal proceedings.
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