Bajendra Prasad Panda vs. The Commissioner, GST And Cx, Commissionerate Rourkela, Sundargarh

WP(C)/26445/2024HC OrissaGSTCNR ODHC01074402202420 November 2024Bench: MR. JUSTICE ARINDAM SINHA,MR. JUSTICE M.S.SAHOO3 pages
AI SummaryAllowed

Held

The High Court set aside the impugned order and restored the proceedings. The Adjudicating Authority was directed to fix a fresh date for hearing, with the petitioner required to be represented.

Facts

The petitioner's counsel was unable to represent him before the Adjudicating Authority due to illness and subsequent death. The petitioner had attempted to seek an adjournment and communicated this to the authority.

Key Issues

Whether the Adjudicating Authority should have granted an adjournment due to the unfortunate circumstances of the petitioner's counsel, and if the order passed ex-parte was justified.

Sections Cited

None

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
Page 1 of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.26445 of 2024 Bajendra Prasad Panda …. Petitioner Represented by Advocate(s) – Mr. B. Panda, Advocate -Versus- The Commissioner, GST and CX, Commissionerate Rourkela, Sundergarh …. Opposite Party Represented by Advocate(s) – Mr. A. Kedia, Advocate (Junior Standing Counsel) CORAM: THE HON’BLE MR. JUSTICE ARINDAM SINHA AND THE HON’BLE MR. JUSTICE M.S. SAHOO

ORDER 20.11.2024

WP(C) no.26445 of 2024 and I.A. no.13747 of 2024

1.

Mr. Panda, learned advocate appears on behalf of petitioner and submits, his client could not be represented to prosecute his appeal before the Adjudicating Authority inspite of having engaged learned advocate. Date of hearing was fixed on 13th June, 2024. On that day his client learnt that the engaged learned advocate had just been discharged from hospital and Order No. 02. was under advice for complete bed rest. He draws attention to communication made on 13th June, 2024 by his client seeking adjournment. Physical service of the

The judgment continues below.

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