SAGAR EXPORTS Vs. UNION OF INDIA

JUDGEMENT

(1.) Grievance of the petitioners is that they had no opportunity of putting their case as on the date of the matter when the matter came up for hearing their counsel was not available and the matter was heard without giving opportunity.

(2.) We really can find no fault in the order of the Tribunal, as if the counsel was engaged in another matter that really could not be a ground for adjourning the matter. However, considering the facts, in our opinion, an opportunity should be given to the petitioners.

(3.) In the result, impugned order is set aside and the matter is remanded back to the Appellate Tribunal for Foreign Exchange for hearing, application and thereafter to pass an appropriate order according to law. Rule made absolute accordingly. No order as to costs.