1992 (2) TMI 100

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....This is an application filed by the petitioners for setting aside order dated August 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....

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....elhi 194 (Bank of India v. M/s. Mehta Brothers and Ors.). We are not inclined to accede 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. Accordi....

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....oners as well as the affidavit filed by the clerk in this respect. It is impossible to 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 w....

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.... or to grant the application, in spite of the submission of Shri Cooper that on merits 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 re....