Manglam Express Cargo Pvt. Ltd. v. Union Of India & ORS

$~172 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 3484/2016 & CM Appl. 14911/2016 MANGLAM EXPRESS CARGO PVT. LTD.

..... Petitioner Through:

Mr. Ashish Mohan & Mr. Mohit Kumar, Advocates versus UNION OF INDIA & ORS ..... Respondents Through:

Mr. Jagjit Singh, Standing Counsel.

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA

O R D E R

% 03.05.2016 1.

The petitioner has challenged the order dated 28th March, 2016, whereby the Deputy Chief Commercial Manager/FM-I has dismissed the petitioner's appeal without giving any reasons. 2.

Learned counsel for the petitioner submits that the Appellate Authority was required to give reasons. Reference is made to para 11 of the judgment dated 14th July, 2015 in WP (C) 3353/2014. 3.

In the facts and circumstances of this case, the petition is allowed, the impugned order dated 28th March, 2016 is set aside and the petitioner's appeal is remanded back to the Appellate Authority for fresh adjudication. The Appellate Authority shall give an opportunity of hearing to the petitioner before deciding the appeal. The date of hearing be intimated to the petitioner as well as the petitioner's counsel.

4.

Learned counsel for the petitioner submits that he has demanded some documents from the respondents which have not been furnished to him. The respondents shall consider the petitioner's

request for furnishing of the relevant documents before hearing of the appeal.

4.

The pending application is disposed of. Copy of this order be given dasti to the learned counsel for the parties under the signature of the Court Master.

J.R. MIDHA, J MAY 03, 2016 rs