DAIRYFIELD LIMITED Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Ms. MD Mehta, learned AGP waives service of rule.

(2.) THE petitioner has filed this petition under Articles 226 and 227 of the Constitution of India praying for quashing and setting aside the judgment and order passed by the Tribunal in Restoration Application Nos. 13 of 2008 to 15 of 2008, decided on 28th November 2008 and communicated to the petitioner on 2nd October 2009 and also praying for the direction to the Tribunal to decide the appeals on merits, after affording reasonable opportunity of hearing to the petitioner in accordance with law.

(3.) HEARD Mr. DR Bhatt, learned Advocate appearing for the petitioner and Ms. MD Mehta, learned AGP appearing for the respondent. Having heard the learned Advocates appearing for the parties and having considered the rival submissions and also the order passed by the Tribunal, we are of the view that the Tribunal has rejected the Restoration Applications only on the ground that the petitioner has failed to comply with the conditional order, whereby, the petitioner was directed to pay a sum of Rs. 1,50,000/- for admission of these three appeals, which were filed before the Tribunal. The said amount was to be paid by the petitioner on or before 28th October 2003 and thereafter, the time was granted up to 4th November 2003. The petitioner could not make the said payment because of financial condition of the petitioner. The Tribunal has, therefore, dismissed the appeals for want of compliance of the conditional order.