ALSON INDUSTRIES COMPLEX PVT LTD Vs. STATE

JUDGEMENT

(1.) APPLICATION has been submitted, seeking condonation of delay of 352 days in filing the application for restoration of OWP. No. 624/1994, which came to be dismissed on 12.12.2000 for want of prosecution.

(2.) AS the application for restoration of the writ petition was not filed within the time permitted for filing the same, the present aplication seeking condonation of delay has been filed on the main submissions that the applicants had to migrate from the Valley in the year 1991. The counsel appearing on behalf of the applicants in writ petition No. 624/94 did not inform the applicants about the date of dismissal of the writ petition. It was on one of the visits of the applicant to Valley, in connection with some demand notice issued by Sales Tax Auithority, that the applicant got the knowledge in the last week of August, 2001, about the dismissal of the writ petition on 12.12.2000. It is further submitted that the applicant had taken all steps required under law to engage the counsel to pursue his case. On these submissions, it is prayed that the delay be condoned, as it is not deliberate or intentional and the writ petition be restored to its original number.

(3.) HEARD learned counsels for the parties at length and considered the submissions in view of the material submitted on record.