M/s. Technofab Engineering Limited vs Union Of India And Ors.

Petitioner has filed two Appeals against two separate orders both passed by the adjudicating authority on 17.06.2019. The Appellate authority refuses to entertain these Appeals on merits on the ground that the petitioner had not produced certified copies of the impugned orders.

Learned counsel for the petitioner pointed out that in response to the communication dated 27.10.2020 from the Appellate authority giving time to the petitioner to provide certified copies of the orders, the petitioner has already placed certified copies of both the orders of adjudication passed on 17.06.2019 despite which the Appeals came to be dismissed by impugned order dated 30.11.2020.

From the Appellate order, we find that the Appellate authority has referred to two more orders also passed on 17.06.2019 of which certified copies were not filed. Learned counsel for the petitioner clarified that these orders are in the nature of demand notices and are thus consequential to the adjudication orders. The petitioner's prime challenge is to the adjudication orders and of which certified copies were already produced.

Thus, when the petitioner has already produced certified copies of the orders in original passed by the adjudicating authority which formed the primary challenge of the petitioner in the Appeals, let the Appeals be decided on merits. The fate of the demand notices is linked with the validity of the orders in original.

In the result, impugned order dated 30.11.2020 is set aside. The Appellate authority shall decide the Appeals afresh on merits and dispose them of expeditiously.

Petition disposed of accordingly. Pending application(s), if any, also stands disposed of.