CHOKSI SILK MILLS Vs. UNION OF INDIA

JUDGEMENT

(1.) The application was taken up for final hearing and disposal at the request and by consent of learned counsel appearing on both sides.

(2.) The applicants have sought indulgence of this Court umpteen number of times and this is one more attempt at reviving litigation even after detailed conditional order dated 24-6-2008 of this Court in Special Civil Application No. 6693 of 2008 being admittedly violated by the applicants. The operative part of that order dated 24-6-2008 read as under :

(3.) As against the above order, admittedly the applicants have made no payment or deposit or even filed revised undertaking, but deposited an amount of Rs. 2 lacs and further amount of Rs. 8 lacs on 15-11-2010, and then filed another Special Civil Application No. 15087 of 2010 with the same refrain of undue hardships, financial difficulties and willingness to deposit the balance amount. Then again they have deposited a sum of Rs. 5 lacs in December, 2010 and the balance amount of Rs. 1,85,600/- is deposited on 9-2-2011. Fresh attempt at fresh indulgence of the Court by way of Special Civil Application No. 15087 of 2010 failed as Division Bench of this Court recorded in its order dated 9-2-2011 that grant of any relief as prayed by the petitioner would amount to reviewing earlier order dated 24-6-2008 in Special Civil Application No. 6693 of 2008, as aforesaid. It is after withdrawing that petition that the present application is made to practically reverse previous order dated 24-6-2008 of the Division Bench (Coram : Honourable Mr. Justice M.S. Shah, as His Lordship then was and D.H. Waghela, J.) in Special Civil Application No. 6693 of 2008.