A. P. RAVANI, J. U. MEHTA, J.

( 1 ) THE petition has its roots in a show cause notice dated 28/12/1983 alleging that the petitioners have illicitly removed powerloom cotton fabrics (worth about rupees sixty two crores) without payment of Excise Duty. Petitioners lost upto Supreme Court in first round. In second round the petitioners retreated and withdrew the petition unconditionally without permission of the Court to file fresh petition. This is third round initiated in May 1986 Petition has remained at the threshold and the proceedings pursuant to show cause notice have also got stuck up on account of ad interim order passed by this Court. Is the petition maintainable ? While examining and answering the question let us also try to understand as to why and how the matter has remained st the admission stage till today.

( 2 ) THE petitioner No. 1 is a Private Limited Company carrying on the business of Cotton Textile and more particularly textile fabrics manufactured in power loom sector. Petitioner No. 2 is a share-holder and Director of petitioner No. 1 Company. Sometime in the month of October 1983 the petitioners factory premises were searched and pursuant thereto a show cause no

Click Here to Read the rest of this document