wp-3797-97.doc jdk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3797 OF 1997 M/s. Zikre Engineering Works and Anr. ..Petitioners Vs. Union of India and Ors. ..Respondents Mr. C.M.Kothari for petitioners Mr. A.S.Rao for Respondents CORAM : S.A.BOBDE AND SMT. V.K.TAHILRAMANI, J J. RESERVED ON : DECEMBER 15, 2011. DECLARED ON : DECEMBER 20, 2011. P.C. [PER SMT.V.K.TAHILRAMANI,J.]: 1. Heard the learned Counsel for the Petitioners and the learned Counsel for the Respondents. 2. The case of the Petitioners is that an order of adjudication dated 16.5.1990 was passed against them by Respondent No.2. Being aggrieved by the said order, they preferred appeal before Respondent No.4 i.e. the Appellate Committee Cell, Ministry of Commerce, Government of India. The said appeal was dismissed by order dated 6.12.1996. The main grievance of the Petitioners is that 1 wp-3797-97.doc the said order was an exparte order and the Petitioners were not heard on the day the appeal was dismissed. 3. The learned Counsel for the Petitioners submitted that Respondent No. 4 did not place the appeal for hearing in Mumbai but the appeal was fixed for hearing on 6.12.1996 at New Delhi. However, on 5.12.1996 the grand-mother of the Petitioner No.2 expired in Ahmednagar in Maharashtra State and it was in these circumstances that on 6.12.1996 the Petitioners could not be present before the Appellate Authority in New Delhi. In support of this contention, the Petitioners have relied on the death certificate of the grand- mother of Petitioner No.2. The Respondents have not assailed the authenticity of this certificate. Thus, the petitioners have prayed that the exparte order be set aside. 4. The learned Counsel for the Respondents submitted that on earlier occasion also the Petitioners had remained absent. However, the Respondents could neither point out the dates on which the Petitioners were absent nor could they point out how many days Petitioners were absent. 5. Looking to the facts and circumstances of this case, we are inclined to set aside the exparte order dated 6.12.1996 communicated vide letter dated 11.6.1997, on the Petitioners depositing costs of Rs. 5000/- with the 2 wp-3797-97.doc Maharashtra State Legal Services Authority. Accordingly, the order dated 6.12.1996 communicated vide letter dated 11.6.1997 passed by Respondent No.4, is set aside. 6. The Respondent No.4 shall re-hear the appeal and dispose it of in accordance with law. 7. Rule is made absolute in the above terms. [ SMT. V.K.TAHILRAMANI,J.] [ S.A.BOBDE, J. ] 3