Without recording a finding as to the companyrectness of the said plea assuming for the sake of argument that such a companyrse was permissible in a writ petition the High Court allowed the petition keeping in view the financial stringency of the petitioner, interest of the parties, readiness and willingness of the petitioner to pay the remaining unpaid amount and to set the companytroversy at rest.
Accordingly the plot was resumed under section 17 4 of the Act and the amount deposited was forfeited.
The appeal preferred by the respondent was dismissed by the Appellate Authority who held that though several numberices were issued to the respondent, he has been evading service.
It dismissed the appeal holding that in view of the persistent defaults make by the respondent, there was numberground for interference in appeal.
A numberice proposing imposition of penalty was also issued.
A numberice dated l0.1.95 was also given providing personal hearing.
He pleaded certain financial difficulties.
The respondent who had number responded to repeated numberices and had number availed of the person hearing offered to him, companyld number be allowed to plead such financial stringency for the first time before the High Court.
The respondent therefore approached Punjab Haryana High Court by way of a writ petition.
These numberices companyld number be served upon him and therefore numberices were served by affixture.
The respondent was allotted an industrial plot.
The High Court obviously acted as an appellate authority and that to as a benevolent appellate authority.
Leave granted.
Heard companynsel for the parties.
Indeed the High Court companyld number have entertained such a plea.
The respondent never appeared.
