- Case number
- CMA(PT) 4/2023
- Court
- Madras High Court
- Date of judgment
- Outcome
- Remanded
Headnote
Where a section 59 objection arises only out of amendments filed with the written submissions, the Controller must issue a further hearing notice on it rather than decide it unheard. Having taken that view, the Controller then fell back on the superseded claims and refused on other grounds. Amended claims are superimposed on the earlier set, so it is not permissible for the Controller to decide on claims the applicant has replaced and which are no longer before her.
Disposition
Allowed. Impugned order set aside and the matter remanded for de novo consideration.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.