Mumbai Port Authority Vs Union of India & Ors. (Bombay High Court)
The Mumbai Port Trust Authority was issued a notice proposing demand of over Rs.100 crores
The petitioner is the Mumbai Port Trust Authority. A notice was issued proposing demand of over Rs.100 crores. The petitioner filed a reply. The petitioner purported to file a letter seeking time for further submissions and hearing. The said letter was not accepted by the authorities on the ground that physical receipt of documents is not possible. An order came to be passed confirming demand along with interest and equivalent penalty. The said order was challenged in a writ petition.
The Hon’ble Bombay High Court set aside the order and allowed the writ petition. It held: (i) there was specific averment in the petition that the petitioner attempted to file a letter and the same has not been denied/disputed in the affidavit in reply; (ii) on such being pointed out, the Ld. State Counsel; on instructions from the officer who was summoned to remain present in court; states that the order be set aside; (iii) accordingly, matter is remanded to pass a speaking order after granting an opportunity of hearing to the petitioner.
