UNION OF INDIA Vs. GOPAL SARAN

JUDGEMENT

(1.) THESE are the applications by the petitioner/applicant for setting aside the order dated 15th December, 2009 dismissing the writ petition in default of appearance of the petitioner and his counsel and for condonation of 361 days delay in filing the application seeking setting aside the writ petition in default.

(2.) THE petitioner/applicant has contended that the matter was taken up by this Court for hearing on 15th December, 2009 on which date the counsel for the petitioner/applicant missed the case in the cause list on account of inadvertence and over-sightedness and could not reach the Court room at the time of hearing on the said day. THE applicant has further contended that sometime in second week of December, 2010 an enquiry was made by the department from the counsel when the matter was checked up and the counsel came to know that the writ petition had been dismissed in default due to non appearance of the parties on 15th December, 2009.

(3.) THE non-applicant/respondents have also contended that no sufficient cause either in the facts and circumstances or any law has been made seeking condonation of 361 days delay in filing the application. According to the respondents it has not been disclosed that after the matter was listed in Regular Matters on 10th December, 2009 why no enquiries were made by the counsel for the petitioner and why the enquiries were made only after the information was sought by the department in December, 2010.