2012 (11) TMI 1110

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....dent. ORDER The petitioner seeks 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....

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....the personal hearing and they have expressed 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 s....

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....rd to show that the petitioner has been seeking adjournments 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 arbitrar....