Partly allowed

M/S Wellman Hindustan Ltd. and Another v. the Union of India and Another

Bombay HC20 Feb 2007WP/726/2007

Case brief

AI extract

What is this about?

The Bombay High Court, in a writ petition, set aside an adjudication order dated 17th November, 2003. The court found that the show cause notice was improperly served and the petitioners were not afforded a fair opportunity of personal hearing. They were directed to be served the notice afresh and file a reply within eight weeks for adjudication.

What did the court decide?

Adjudication order dated 17th November, 2003 set aside; notice to be served afresh; reply to be filed within eight weeks.

M/S Wellman Hindustan Ltd. and Another Vs the… — Civil Procedure and Limitation | Bombay HC (2007)

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 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 CIVIL APPELLATE JURISDICTION

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 WRIT PETITION NO.726 OF 2007

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 M/s.Wellman Hindustan Ltd. & Anr. .. Petitioners.

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 V/s.

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 The Union of India & Anr. .. Respondents.

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 Mr.L.S. Shetty with Mr.A.M. Sethna
 for the petitioners.

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 Mr.P.S. Jetly with Mr.Y.S. Bhate
 for the respondents.

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CORAM : DR.S. RADHAKRISHNAN &
 J.P. DEVADHAR, JJ.

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DATED : 20TH FEBRUARY, 2007.

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P.C. :

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 1. Heard learned counsel for the petitioners and
 the learned counsel for the respondents.

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 2. Rule. Rule made returnable forthwith. The
 learned counsel for the respondents waive service.
 By consent taken up for final hearing.

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 3. The main challenge in this petition is levy
 of penalty pursuant to an adjudication order dated
 17th November, 2003. It is the main contention of

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 the petitioners that the original show cause notice
 itself was served on wrong address and the address
 with which the petitioners have no concern at all and

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 the adjudication order was also passed exparte.

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 4. Under the aforesaid facts and circumstances,

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 in view of the fact that the petitioners were not
 heard properly in the above matter and no fair
 opportunity of personal hearing was afforded to the
 petitioners and the show cause notice was not
 properly served, we are inclined to set aside the
 adjudication order dated 17th November, 2003 which is
 Exhibit "B" to this petition.

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 5. The learned counsel for the petitioners
 states that the show cause notice now has been served
 on the petitioners to which the petitioners will file
 their reply within a period of eight weeks from
 today. After the said reply is filed, the same shall
 be adjudicated by the concerned authority as
 expeditiously as possible.

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 6. The writ petition stands disposed of

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 accordingly.

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 (DR.S. RADHAKRISHNAN, J.)

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 (J.P. DEVADHAR, J.)

M/S Wellman Hindustan Ltd. and Another v. the Union of India and Another

Case brief

What is this about?

What did the court decide?

M/S Wellman Hindustan Ltd. and Another v. the Union of India and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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