PERFECT POLYBAAGS PRIVATE LTD. Vs. CANARA BANK

JUDGEMENT

(1.) THE appellants have preferred this appeal from order dated 24.07.2014 of learned Single Judge in Writ Petition No. 58039/2013, whereby the appellants' challenge to order dated 25.11.2013 in petitioner's interim application No. 3685/2013 in O.A. No. 239/2011 pending before DRT, Bengaluru, has been spurned. The short interim order which was under challenge before learned Single Judge read as under:

(2.) WHILE dismissing the petition, learned Single Judge has clearly observed in the operative part of the order as under:

(3.) LEARNED counsel specifically submitted that, if the appellants were required to file affidavit on behalf of the appellant, it would disclose their defence and a party cannot be forced to file an affidavit, even as the appellant has admittedly filed their reply in terms of Rule 12(1) of the Rules. He relied upon judgment of the Apex Court in Ayaaubkhan Noorkhan Pathan Vs State of Maharashtra and others : ([2013] 4 SCC 465), wherein it is observed, in the context of salutary principles of natural justice, that the rules of natural justice require that a party must be given the opportunity to adduce all relevant evidence upon which he relies, and further that, the evidence of the opposite party should be taken in his presence, and that he should be given the opportunity of cross -examining the witnesses examined by that party. Not providing such opportunity to cross -examine witnesses would violate the principles of natural justice.