IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- CIVIL MISC. APPEAL No. 1214 of 2007 EX.DIRECTOR,MADHUCON H.C.ROAD & ANR V/S SMT.SHYAM BIRI & ORS Mr. VIKAS BALIA, for the appellant / petitioner Mr. AK DADHICH, for the respondent Date of Order : 8.8.2007 HON'BLE SHRI N P GUPTA,J. ORDER ----- Heard learned counsel for the parties. It is contended by learned counsel for the appellant that before imposing the penalty, no opportunity of hearing was given to the appellant, and therefore, the part of the order imposing penalty is bad. Learned counsel for the claimants submits that they are prepared to waive the penalty. In that view of the matter, the appeal is allowed and the award of penalty as made in the impugned award is set aside. ( N P GUPTA ),J. /tarun/