2002 (1) TMI 548

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.... Shri B.C. Mahay, SDR, for the Respondent. [Order per : V.K. Agrawal, Member (T)]. -  M/s. Balbir Steels Pvt. Ltd. have filed the present Appeal being aggrieved with the Order-in-Original No. 2/Commissioner/Tech/98, dated 7-11-1989 under which the Commissioner has determined the annual production capacity of the induction furnace for the period from 1-1-97 onwards. 2. Shri R.....

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....to be discharged in the middle of November, 1998; that on 15-11-98 they wrote to the Commissioner about the discharge of the Managing Director; that, however the Commissioner had passed the impugned order dated 7-11-98; that as such the impugned order has been passed in violation of principle of natural justice and without complying with the direction given in the remand order passed by the Tribun....

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....mber of opportunities were extended by the Commissioner to the Appellants for hearing their matter which were not utilized by them; that if the Managing Director was confined to bed, they could have furnished written submissions and could have represented their matter by Counsel. 4. We have considered the submissions of both the sides. We observe that when the earlier Appeal filed by the A....

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.... the necessary medical papers also to the department in support of their submissions that their Managing Director was bed ridden. We also observe that, no show cause notice has been issued in the matter and as such the grant of personal hearing is essential for making the Appellants represent their case effectively. In Venus Castings case also the Supreme Court remanded the matter for considering ....