2017 (2) TMI 233

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....Pleader ORDER 1. This is a writ petition, which is directed against the order dated 07.10.2016. 2. The notice, in this petition, was issued on 24.11.2016. On that date, the petitioner's principal grievance was recorded, which is that, the impugned order had been passed, without service of notice, upon him. 3. More particularly, it is the grievance of the petitioner that the notice ....

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....alai concedes that the endorsement made on the postal cover does not show that notice was returned by the petitioner and that, on the other hand, the endorsement was indicative of the fact that the addressee was not found. The exact endorsement on the rear of the postal cover reads : "No such firm in this address". 8. The record shows that insofar as the impugned order dated 07.10.2016 is conce....

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....the petitioner could have been served, as was ultimately done, vis-a-vis, the impugned order. 11. In these circumstances, I am inclined to agree with the petitioner that the impugned order should be set aside. 12. Accordingly, the order dated 07.10.2016 is set aside, with the caveat that the respondent will have liberty to pass a fresh order, albeit, in accordance with law. For this purpose,....