2013 (9) TMI 918

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....ri Pradeep S. Jetly, for the Respondent. ORDER P.C. : Rule, made returnable forthwith. Counsel appearing on behalf of the respondents waives service. With the consent of counsel and at their request, the petition is taken up for hearing and final disposal. 2. By an order dated 1 August, 2011 a Division Bench of this Court, while disposing of an earlier writ petition filed by the petitione....

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....he Petitioner's letter dated 16 November, 2011, no further hearing was held. The order of assessment has therefore been passed without affording to the petitioner an opportunity of being heard and without hearing the petitioner. 3. In view of this factual position, during the course of the hearing we had requested counsel appearing on behalf of the Respondents to take instructions as to whether....

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.... well settled position that where an order has been passed in breach of the principles of natural justice, it would be open for the writ Court to interfere. Hence, without expression of any opinion on the merits of the rival contentions, we set aside the impugned order of assessment dated 17 January, 2012 passed by the Assistant Commissioner of Customs (P), Alibaug Division. In terms of the statem....