Case Law Details
Chinar Shipping & Infrastructure (India) Pvt. Ltd. Vs Union of India (Bombay High Court)
It could not be out of place to refer to a decision of Karnataka High Court in the case of Kiran Borewells Vs. Union of India wherein the impugned order was set aside finding that decision had been taken without providing an opportunity of hearing to the petitioner, adversely affecting the petitioner. It has been observed that in order passed by the authority adversely affecting rights of the parties should be in adherence to the principles of natural justice. This was a case in respect of SVLDRS.
In case of Chaque Jour HR Services Vs. Union of India6, Delhi High Court, while application under SVLDRS had been rejected by the authority on the premise that the disputed amount was not quantified and communicated prior to 30.6.2019 finding that the impugned order has been passed without hearing petitioner had set aside the impugned order and the matter was remanded to competent authority to hear the petitioner before passing order.
Having regard to foregoing discussion and decisions, we deem it appropriate that petitioner may have an opportunity of hearing. We therefore, consider it appropriate to set aside the impugned statement SVLDRS-3 dated 19th February, 2020.
In the result, impugned declaration in the form of SVLDRS-3 issued by respondent No. 4 on 19th February, 2020 is set aside restoring the proceedings before the authority. The concerned authority to give an opportunity of hearing to petitioner and decide the matter petitioner pursuant to Sabka Vishwas scheme.
Please become a Premium member. If you are already a Premium member, login here to access the full content.
