MESSRS SERAJUDDIN AND CO. Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an application seeking recall of an order of dismissal of an appeal dated 21st June, 2001, upon condonation of delay in preferring the same after a period of more than 15 (fifteen) years.

(2.) Before we proceed to take up the instant application for its consideration on merit, we propose to look into the records of the case. The records reveal that a writ petition was filed by one M/s. Serajuddin & Co. - describing itself to be a partnership firm registered under the Indian Partnership Act - before the First Court sometime in the year 1979. That writ petition was numbered as CR No. 2348 (W) of 1979. A judgment and order was passed by a learned Single Judge on 21st April, 1982, in that writ petition against which an appeal was preferred, being FMAT 1091 of 198 Consequent upon filing of the appeal, an application for injunction was taken out by the appellant on 29th April, 1982, which was heard for a couple of days - on contest - in May 1982 and was finally dismissed on 12th May, 1982, upon the prayer for stay being refused. Certain directions were also given by the Appeal Court consequent upon dismissal of the application. The order dated 12th May, 1982, reads as follows:

(3.) The records further reveal that, let alone six weeks, right until 21st June, 2001 [(i.e., a period of 19 (nineteen) years], the appellant - being a registered partnership firm - did not take a single step in the matter or filed its paper books - either cyclostyled or printed - in terms of the specific directions given by the Court as contained in the order dated 12th May, 1982. Finally, on 21st June, 2001, the Appeal Court passed the following order: