One cannot kill both of one's parents and then claim to be an orphan
A Miscellaneous application was filed seeking recall of the order passed by the CESTAT on the ground that the order was passed without hearing the appellant as the hearing notice was not served upon the appellant because of which he could not attend the hearing.
The CESTAT while dismissing this application observed -
++ The principles of natural justice require that a person should be given an opportunity of being heard;
++ It is evident that several notices sent to the appellant were returned with the remark that no such person was available at that address;
++ Bench has verified that the address on which the notices were sent was exactly as per the address given in the appeal papers;
++ When the person is not found at the address given in the appeal papers, not once, not twice, but repeatedly, it cannot cry foul and claim violation of principles of natural justice;
++ The appellant cannot create a situation where it becomes impossible to contact him on the given address in spite of repeated attempts and then turn up to claim violation of principles of natural justice;
++ Appellant's contention that it was not given an opportunity of being heard is totally untenable.
And the parting remark by the Bench - One cannot kill both of one's parents and then claim to be an orphan!
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