The High Court of Delhi was dealing with the petition challenging the order dated 24.11.2021 and the consequential bill dated 24.11.2021.
Learned counsel for the petitioner submitted that no show cause notice was given to the petitioner and the advisory notice itself was bereft of any reasoning or material.
He also submitted that advisory notice was given on 13.09.2021 requiring the petitioner to respond by 17.09.2021. He submitted that the impugned order dated 24.11.2021 relies on a lab report which came into existence after the reply was filed and in view of the above there is a clear violation of the principles of natural justice. Notice was accepted by learned counsel for the respondent.
Learned counsel for the respondent submitted that as a technical plea is being raised by the petitioner, respondents are willing to issue a fresh show cause notice and provide to the petitioner, the entire material that is sought to be relied on and thereafter pass a fresh speaking order after giving an opportunity of personal hearing.
The Court after hearing both the parties set aside the impugned assessment order dated 24.11.2021 and the impugned bill also dated 24.11.2021. The Court stated that the respondents shall issue a fresh show cause notice to the petitioner enclosing therewith the entire material that they seek to rely on. The Court ordered the petitioner to file a reply to the show cause notice within one week and respondents would then pass a fresh speaking order after giving an opportunity of personal hearing to the petitioner.
The HC allowed the petition.
Bench: Hon’ble Mr. Justice Sanjeev Sachdeva
Case Title: Amit Nagpal v. Bses Yamuna Power Limited
Case Details: W.P.(C) 14026/2021 & CM. APPL. 44254-55/2021
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