1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5912 OF 2009 M/s. Aegis Medicines Pvt. Ltd., Plot No. F-8/1, MIDC Area, Chikalthana, Aurangabad through its Managing Director Syed Ayesha w/o Syed Ayyub, Age: Major, Occ: Business, R/o. C/3-80, Town Centre, CIDCO, Aurangabad. .. Petitioner Versus The Superintendent, Central Excise and Customs, Range-III, Aurangabad. .. Respondent ... Mr. G.R. Syed, Advocate for petitioner. ... CORAM : K.K. TATED, J. DATE : 1ST OCTOBER, 2009. PER COURT : 1. Heard learned Counsel for the petitioner. Though respondent is served, no one appeared on behalf of them when the matter called out. 2 2. Present petition preferred by the original plaintiff challenging the order dated 29-07-2009 passed by the Civil Judge, S.D. Aurangabad below Exh. 1 in Special Civil Suit No.339/2008. The petitioner-original plaintiff filed Special Civil Suit No.339/2008 in the Court of Civil Judge, S.D. Aurangabad, challenging the notice issued by the respondent dated 10-04-2008 for recovery of excise dues as per Central Excise Act. In the said suit, the petitioner-original plaintiff filed application dated 14-07-2009 for issuance of summons to the witnesses. Said application allowed by the trial Court granting permission to serve summons by Special Bailiff. When the matter shown on board of the trial Court on 29-07-2009, no one appeared on behalf of the petitioner at 3-20 p.m. and therefore, the matter was kept back and again it was called out at 4-20 p.m. At that time also, no one appeared on behalf of the petitioner. Therefore, the trial Court passed order dated 3 29-07-2009 holding that the evidence of petitioner's side treated as closed and keep for evidence of respondent. The trial Court specifically held in the order dated 29-07-2009 that though the petitioner was allowed to serve witness summons by Special Bailiff, the petitioner failed to do so till 29-07-2009. 3. Learned Counsel appearing on behalf of the petitioner states that the matter is kept for judgment on 03-10-2009, Saturday. Considering the above mentioned facts and circumstances, I do not find any merit in the present Writ Petition and same is dismissed summarily. [ K.K. TATED, J.] sut/OCT09/wp5912.09