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1992 (2) TMI 100

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..... 23, 1990 dismissing Writ Petition No. 1499 of 1981 on the ground that the petitioners and their Attorneys remained absent on more than one occasion. The application for setting aside the order is filed after one year and 129 days and there is also a prayer to condone the delay in filing the application. In support of the application it is claimed that the petitioners and their Attorneys could not .....

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..... de to the submission of the learned counsel and we propose to reject the application on the ground of delay in filing the application for setting aside the order as well as on merits. 2. The petition was filed in the year 1981 and the petition was admitted and interim relief was secured on May 21, 1981. According to the petitioners the petition was placed for hearing in the month of August 1989 .....

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..... believe that the Attorneys of this Court were not aware that the old petitions were posted before us from June 1990 onwards when the Courts reopened after Summer Vacation. The old petitions were heard by this Bench from June 1990 onwards and though the petition was placed before us on two consecutive weeks and was on daily board on every day, still nobody attended the matter. It is difficult in t .....

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..... the petitioners have an excellent case. Shri Cooper also pointed out that the petitioners had renewed the bank guarantee furnished in accordance with the interim order from time to time and till June 1992 and that indicates that the petitioners were not aware of the disposal of the petition. The guarantee was renewed last on June 27, 1989, while the petition was dismissed on August 23, 1990. The f .....

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