Notice issued u/s 74 without specifying the date of hearing

by Mr. Parveen Mahajan

The petitioner not furnished the reply. The Court held that failure to avail one opportunity may not lead to denial of the other. The two tests have to be satisfied independently. The court set aside the impugned order without waiting the counter affidavit on the plea that the order impugned has been passed contrary to the mandatory procedure. The deficiency of procedure is self apparent and critical to the out-come of the proceedings.

Case – M/s NASIBULLA TIMBER STORE – Allahbad HC