K.S. DISTILLERIES LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellant is aggrieved with Exhibit P7 order, which, however, was refused to be interfered with by the Learned Single Judge on the ground of alternate remedy.

(2.) We would have normally not sat in appeal over a judgment declining exercise of jurisdiction. However, we were apprised of the fact that despite the presence of the Counsel for the appellant and the matter not being heard, the same was disposed of by Exhibit P7. The Learned Counsel would also assert that there were other appeals posted on the very same day, which were heard and in which the presence of the appellants were noticed.

(3.) There is no cause for the appellant to have not argued this specific matter when the same was posted and the Counsel were also present. We, hence, directed the Learned Standing Counsel to place on record the files relating to the other appeals. The Learned Standing Counsel, after instructions, apprised us of the difficulty of producing the entire files. We then wanted the Department to tell us how the presence of the Counsel were recorded. It is informed that there was no procedure adopted earlier; but, however, now proper registers are maintained wherein appearance of advocates are entered with specific time.