Dsr Steels Pvt.Ltd. & Ors vs Union Of India & Ors.
2011 Latest Caselaw 516 Del

3.
*IN THE HIGH COURT OF DELHI AT NEW DELHI


+      W.P.(C) 1063/2010


       DSR STEELS PVT.LTD. & ORS.            ..... Petitioners
                    Through Mr. Neeraj Kishan Kaul, Sr.
                    Advocate with Mr. R.K. Handoo,
                    Advocate.

                      versus

       UNION OF INDIA & ORS.                 ..... Respondents
                    Through Mr. Ashok Singh, Advocate for
                    UOI.
                    Mr. Mukesh Anand, Advocate for
                    respondent Nos. 2 and 3.

        CORAM:
        HON'BLE THE CHIEF JUSTICE
        HON'BLE MR. JUSTICE SANJIV KHANNA

                  ORDER

% 28.01.2011

Heard Mr. Neeraj Kishan Kaul, learned senior counsel along

with Mr. R.K. Handoo, learned counsel for the petitioners, Mr.

Ashok Singh, learned counsel for respondent No. 1 and Mr.

Mukesh Anand, learned counsel for respondent Nos. 2 and 3.

2. Though numerous prayers have been made, yet Mr. Neeraj

Kishan Kaul, learned senior counsel restricted his relief for supply

of documents which are going to be pressed into service or relied

upon by the Adjudicating Officer during adjudication. Learned

senior counsel has invited our attention to page 89 of the paper

book, a chart which refers to bill numbers and paragraph 25 at

page 54. An apprehension is expressed by Mr. Kaul, learned

senior counsel that the Adjudicator shall refer to the same without

giving a copy of the same to the petitioner. Mr. Mukesh Anand,

learned Standing Counsel for Central Excise and Customs has

fairly stated that each and every document that is going to be

pressed into service and relied upon, including the bills which

have been referred to at pages 54 and 89 of the paper book, shall

be handed over to the petitioner so that a fair adjudication takes

place. To allay any kind of apprehension the previous order

passed by the authority shall stand nullified in relation to supply

of documents. We may further hasten to add when we say relied

upon or pressed into service, it would convey that any document

which has been directly or indirectly pressed into service by the

Adjudicator. We have said so because the whole purpose of

adjudication is fairness and transparency. Needless to say, the

adjudication proceedings shall continue on the basis of the

observations and directions given hereinabove. Be it clarified and

elaborated if in course of adjudication a document as indicated

hereinbefore is pressed into service and relied upon directly or

indirectly, it would be open to the petitioner to file an application

for getting a copy of the same. In case an application is filed, as

acceded to by Mr. Mukesh Anand, the Adjudicator shall dwell

upon the same.

3. With the aforesaid directions, the writ petition stands

disposed of. There shall be no order as to costs.

Copy of this order be given dasti to the learned counsel for

the parties under signature of the Court Master.

CHIEF JUSTICE

SANJIV KHANNA, J.

JANUARY 28, 2011 VKR