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2019 (9) TMI 801

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....P.No.1 & 1 of 2009 - -<br>Customs<br>Dr. Justice Anita Sumanth For the Petitioner : Mr. M.A. Mudivannan for Mr. K. Jayachandran For the Respondent : Mr. S. Rajasekar COMMON ORDER The petitioner challenges order-in-original dated 07.09.2009, passed by the Commissioner of Customs, Central Excise & Service Tax. 2. Though other grounds have been raised in the writ petition assailing the....

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.... dated 04.06.2008, was itself received by the petitioner only on the date of hearing. The petitioner reiterated in its letter aforesaid, the request for adjournment, filed by its counsel. 4. After a period of one year and three months, on 07.09.2009, the respondent proceeds to pass the impugned order. The request for adjournment of the counsel on 05.06.2008 has been noted at paragraph 114. O....

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....ot mandatory. I am unable to accept this contention, as a personal hearing during the conduct of adjudication, particularly when specifically sought for, is in line with the principles of natural justice, and ought to have been granted. In my considered view there has been a breach of the principle of natural justice in the matter and I thus, have no hesitation in setting aside the impugned order.....