2010 (6) TMI 241

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....ENTED BY: None, for the Appellant. Shri M. Rastogi, DR, for the Respondent. [Order per: Justice R.M.S. Khandeparkar, President (for the Bench)]. - Since common question of law and facts are involved in the matter, the appeals were heard together and are being disposed of by this common order. 2. None has appeared for the appellants. Shri M. Rastogi, DR appeared for the respondents. We have p....

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....05. The appellants moved an application for adjournment of the matter as also for one months' time to file the reply to show cause notice. The adjudicating authority, however, proceeded to dispose of the matter on 28-10-2005 without giving any further opportunity to the appellant to file the reply or to contest their case. 5. Though the impugned order is sought to be challenged on various groun....

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....tion that their lawyer was studying their case was a flimsy ground, proceeded to decide the matter on merits. Obviously there was no opportunity given to the appellants to put forth their case in response to show cause notice or otherwise by availing the opportunity of personal hearing in the matter. This clearly amounts to denial of fair opportunity to the appellants to defend their case. 7. R....

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....nts to put forth their case in the matter, there is total failure of principles of natural justice and on that ground alone the impugned order is liable to be set aside. The appellants have also placed on record a draft copy of reply to the show cause notice. 8. In the circumstances, the appeals are allowed. The impugned order is set aside and the matter is remanded to the adjudicating authorit....