1 WP548/10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.548 OF 2010 Khandelwal Laboratories Pvt.Ltd. And anr. ...Petitioners v/s Union of India and others ...Respondents Mr S. Jagtiani with Mr Naresh Chheda i/b M/s M. and M. Legal Ventures for Petitioners. Mr M. Sethna with Mr Ashok Verma for Respondent Nos. 1 and 2. Mr R.G. More, AGP for Respondent No.3. CORAM : D.K. DESHMUKH AND N.D. DESHPANDE JJ. DATE : 19TH OCTOBER 2010. 2 WP548/10 P.C. :- 1] This is a matter where extraordinary jurisdiction of this Court has been grossly abused. The misleading statements have been made in the petition. The petitioners are challenging the demand dated 13th April 2009. Before raising that demand, show cause notice dated 26th March 2009 was issued, seven days time was given to furnish information. No information was furnished, therefore the order dated 13th April 2009 was made. That order was not challenged. Therefore, there is no question of authorities considering explanation subsequently given. Neither in the petition, this fact is clearly mentioned nor during the course of argument, the learned counsel candidly informed the Court this situation that their reply was given well after the expiry of the time given in the show cause notice. Further, the learned counsel seriously argued that they had made a request for personal hearing, but that request was not accepted when it is clear that pursuant to the show cause notice, no 3 WP548/10 request for personal hearing was made and in the document which was shown to us asking personal hearing is dated 30th July 20090, months after the demand order was issued. There has been a clear attempt made to mislead the Court. Therefore, in our opinion, not only the petition is to be summarily rejected, but exemplary cost should be imposed on the petitioners. Petition is rejected. The petitioners are directed to pay Rs.50,000/- as costs to the respondents. Parties to act on the copy of this order duly authenticated by the Associate / Private Secretary of this Court. Certified copy expedited. ( JUSTICE D.K. DESHMUKH ) ( JUSTICE N.D. DESHPANDE )