- (1.) We have read the affidavit of Mr Kamalakaran the then Assistant Collector (Exports) in the Custom House, Cochin and are not satisfied that there is any justifiable reason shown to excuse his taking appropriate steps within the time provided by law. He is squarely responsible for the delay in the institution of this case. In the affidavit he indicates that he has superannuated from service. If we make an order as indicated in our direction dated 19/08/1991 he will have to suffer to the tune of Rs. 55,000. 00. We think he should be given an opportunity. Issue notice to him to appear in this proceeding and the matter is directed to be listed again on 27/09/1991. The notice may indicate that the matter would not be adjourned at his instance. Court Masters;