Remanded

M/S.Great India Holidays Plrivate Limited v. the Assessing Officer

Kerala HC25 Jan 2012WP(C)/2102/2012

Case brief

AI extract

What is this about?

Petitioner challenged an order demanding payment passed without hearing. The court set aside Ext.P6 order dated 23.01.2012 for violation of natural justice and remitted the matter to the first respondent for readjudication within one month, expressly declining to express an opinion on merits.

What did the court decide?

Ext.P6 order dated 23.01.2012 set aside; matter remanded to 1st respondent for readjudication with hearing by 04.02.2012.

M/S.Great India Holidays Plrivate Limited Vs the… — Banking and Recovery | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE B.P.RAY

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WEDNESDAY, THE 25TH DAY OF JANUARY 2012/5TH MAGHA 1933

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WPC.No. 2102 of 2012 (K)

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PETITIONER:

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M/S. GREAT INDIA HOLIDAYS PRIVATE LIMITED 27/543 B, PANAMPILLY AVENUE, PANAMPILLY NAGAR COCHIN - 682 036 REPRESENTED BY ITS DIRECTOR - MR. ROSS MASOOD.

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BY ADVS.SRI.JOSEPH KODIANTHARA (SR.) SRI.V.ABRAHAM MARKOS SRI.MATHEWS K.UTHUPPACHAN SRI.BINU MATHEW SRI.TERRY V.JAMES SRI.B.J.JOHN PRAKASH

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SRI. TOM THOMAS

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RESPONDENTS:

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THE ASSESSING OFFICER

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(ASSISTANT ENGINEER),

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KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION,

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CHITHIRAPURAM - 685 565 MUNNAUR, IDUKKI DISTRICT.

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THE ELECTRICAL INSPECTOR

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DEPARTMENT OF ELECTRICAL INSPECTORATE,

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OFFICE OF THE ELECTRICAL INSPECTOR,

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(PALAKKATT KUNNEL BUILDINGS, MOOLAMATTOM, IDUKKI- 685 589.

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KERALA STATE ELECTRICITY BOARD,

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REPRESENTED BY ITS SECRETARY, VYDHUTHI BHAVANAM, PATTOM PALACE.P.O, THIRUVANANTHAPURAM - 695 004.

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THE SUB ENGINEER,

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KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION,

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CHITHIRAPURAM - 685 565.

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BY SRI.K.M.SATHYANATHA MENON,SC,KSEB

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25-01-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) NO. 2102/2012

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: 2 :

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P1 : TRUE COPY OF BILL DATED 01.12.2011 FOR THE MONTH OF NOVEMBER, 2011.

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EXT.P2 : TRUE COPY OF BILL DATED 02.01.2012 FOR THE MONTH OF DECEMBER, 2011.

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EXT.P3 : TRUE COPY OF ORDER DATED 04.01.2012 ISSUED BY THE 1ST RESPONDENT ISSUED UNDER SECTION 126 OF THE ELECTRICITY ACT, 2003 DEMANDING RS.2,27,919/- FROM THE PETITIONER.

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EXT.P4 : TRUE COPY OF PRELIMINARY REPLY DATED 10.01.2012 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

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EXT.P5 : TRUE COPY OF FURTHER REPLY DATED 18.01.2012 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

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EXT.P6 : TRUE COPY OF ORDER DATED 23.01.2012 PASSED BY the 1ST RESPONDENT.

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RESPONDENTS' EXHIBITS: NIL

//TRUE COPY//

P.A. TO JUDGE

B.P. RAY, J.

- - - - - - - - - - - - - - - - - W.P.(C) No.2102 of 2012

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- - - - - - - - - - - - - - - -

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Dated this the 25^th day of January, 2012.

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JUDGMENT

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Heard the learned counsel for the petitioner and the learned Standing Counsel for KSEB.

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The learned counsel for the petitioner submits that the petitioner's counsel could not remain present on the date fixed for hearing on account of the death of his close relative and that Ext.P6 order was passed without hearing the petitioner.

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Considering the facts and circumstances of the case, I set aside Ext.P6 order dated 23.01.2012 and remit the matter to the first respondent for readjudication in accordance with law. The petitioner shall appear before the first respondent on 04.02.2012. The entire exercise shall be completed within one month from the date of appearance of the petitioner. I am not expressing any opinion on the merits of the case.

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This writ petition is disposed of as above.

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sd/- B.P. RAY, JUDGE.

W.P.(C) No.

: 2:

B.P. RAY, J.

W.P.(C) No.

: 3:

O.P.No. 13887 of 2002

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Dated this the 12^th day of January, 2012.

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JUDGMENT

M/S.Great India Holidays Plrivate Limited v. the Assessing Officer

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M/S.Great India Holidays Plrivate Limited v. the Assessing Officer

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