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Judgment
Sonia Gokani, J
Learned Standing Counsel, Mr.Priyank Lodha, pursuant to our order dated 23.2.2021 has taken instructions to submit that personal hearing, had at
no point of time communicated to the petitioner, due to his change of address or his having resigned from the company. He further submits that as the
residential official address of Vadodara obtained from the Company, he could not be served once, all notices concerning the present petitioner, had
been affixed at the company premises. He needs to take instructions as to how the address of Chennai, after the adjudication had been obtained by
the department. Although, according to him, that cannot have a bearing on the issue.
According to learned advocate, Mr.S. S. Iyer appearing with learned advocate, Mr.Dhaval Shah, the petitioner, who is designated as Director
(Operations), is in fact an employee, who never held the board level position, therefore, his discontinuation of service would not be reflected in the
record of the Registrar of Companies. He fairly admits that there had been no intimation given to the respondent authority of his resignation and at the
same time, the department never bothered to serve him to avail him the opportunity of personal hearing; whereas, the Order-in-Original has been
served at his Chennai address.
Mr.Priyank Lodha, learned Standing Counsel ensures to place these details including the availability of the Chennai address with the department by
way of an affidavit-in-reply of Senior Officer, which shall be filed on or before 15.3.2021. The copy of which shall be given to the other side at least
24 hours in advance.
Affidavit-in-rejoinder, if needs to be filed, the petitioner will be at liberty to do so on or before 19.3.2021.
Let the matter appear on 19.3.2021.
As this matter has been heard substantially, the parties can make a request to the office to place it before the Hon'ble the Chief Justice for
necessary orders or in absence thereof, the office can by virtue of the orders passed by us can do that.