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TMI Blog2012 (11) TMI 1110X X X X Extracts X X X X X X X X Extracts X X X X ..... eeks a write of Certiorarified Mandamus to call for the records connected with order-in-stay petition No. 10/2012 (M-II) in A. No. 62/2011 (M-II), dated 6-11-2012 passed by the respondent herein, to quash the same as not sustainable in law and to consequently direct the respondent to hear the appeal of the petitioner on merits by affording a reasonable opportunity of hearing to them. 2. Hear ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... their inability to attend due to other cases in the Hon'ble High Court and hence could not keep up the timings. Hence I am constrained to take up the stay petition for decision, based on the material on record. It is a settled issue that the adjournment to any case could be considered only if the appellant shows a sufficient cause and requests for the same. In the instant case, there was no such r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... djournments frequently to avoid hearing. Unless and until it is shown that the conduct of the party is to avoid appearance without just or reasonable cause, there is no justification to decline grant of further time. On this score, the order passed in the stay petition without giving an opportunity of hearing to the petitioner appears to be arbitrary and there has been a violation of the principle ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... directed to appear on the next hearing date without fail and the authority will hear and pass order on the stay petition thereafter. The said statement is recorded. 9. In view of the above, the impugned order is set aside and the matter is remanded to the respondent to decide the stay petition of take up the appeal without pre-deposit, as the case may be, on an appropriate date to be fixed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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