1992 (10) TMI 105

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..... ition for default. The Writ Petition No. 1499 of 1981 challenging a show cause notice dated 20th April, 1981 respecting levy of duties of excise was filed in the year 1981. It was listed for final hearing on the Weekly Board of the Division Bench of the High Court on 13th August, 1990 and again on 20th August, 1990. It was dismissed for default of appearance on 23rd August, 1990. Petitioners filed .....

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..... the lapse of Counsel should apply. Shri Subramaniam sought to point out that even the subsequent events and conduct indicate that the petitioner had had no knowledge of the dismissal as even after the order of dismissal, the petitioner continued to furnish, and the Department continued to accept, renewals of Bank Guarantee pursuant to the interlocutory order, a circumstance inconsistent with any .....

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..... mment on the motives or bona fides or professional rectitude of the learned Solicitor is not justified. If there are any observations in the High Court's order which may be susceptible of any such pejorative implications, they shall stand deleted. 5.But that may not, we are afraid, make a difference to the conclusion that, in the circumstances, condonation of delay and restoration of the writ pe .....

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