2019 (9) TMI 1223

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.... R 1. On the last date, i.e. on 20.09.2019, we had passed the following order: "C.M. No. 42143/2019 Issue notice. Learned counsel for the petitioner accepts notice. The respondents have stated in this application that they have recorded statement of Mr. Surat, who has filed the affidavit in support of the present writ petition and the application filed by the petitioner. Mr. Surat has stated in his supporting affidavit that he is a partner of the petitioner firm. According to the respondents, in his statement recorded under Section 108, Mr. Surat states that he is a Director of the petitioner; that he did not know about the activities of the said Company; and he had been made a Director of the petitioner Company by one ....

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.... order dated 20.09.2019 was not made available. 5. We find the excuses advanced by learned counsel for the Petitioner for the non-appearance of Mr. Surat and Mr. Baweja to be completely unacceptable. The Petitioner has approached this Court by way of the present writ petition to seek relief from this Court in the exercise of its discretionary writ jurisdiction. A Petitioner who approaches the Court has to come clean, and cannot play hide and seek with the Court. The Respondents were directed to produce the statements of Mr. Surat and Mr. Rabinder Baweja recorded under Section 108 of the Customs Act. Learned counsel for the Respondents has produced the statement of Mr. Surat recorded under Section 108 of the Customs Act on 28.05.2019. ....