WP(C) 1959/2011 - Gauhati High Court

thereafter notice was again issued on 4.9.2009. On4.9.2009, the petitioner’s engaged counsel appearedand filed petition seeking adjournment to file WrittenStatement and affidavit. Accordingly, the prayer wasallowed fixing the matter on 23.10.2009.7. The order sheet reveals that the petitionermerrily kept on taking time by filling adjournmentpetitions enabling him to file Written Statement andaffidavit. The dates on which such prayer was madeare 23.10.2009, 15.12.2009, 27.1.2010, 4.3.2010,5.4.2010, 29.5.2010 and 21.7.2010. On 21.7.2010, theTribunal made it clear in its order that there wouldbe no further chance for filling Written Statement.8. On 31.8.2010 i.e. the next date fixed, thepetitioner again remained absent and filed petitionfor adjournment enabling him to file WrittenStatement. Although, as per the earlier order dated21.7.2010, the petitioner was not entitled to anyfurther adjournment but the learned Tribunal grantedhim another chance fixing the matter on 13.9.2010.On 13.9.2010 also, the petitioner repeated the samestory by filing an application seeking adjournment.Situated thus, the engaged counsel had no otheroption than to withdraw from the case. Thereafterthe Tribunal passed the impugned judgement andorder dated 4.10.2010 with the clear declaration thatWP(C) 1959 of 2011 Page 4 of 7