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2019 (9) TMI 1223 - DELHI HIGH COURTDemand of duty based on the statements of two person claimed to be as Partner and Director of the petitioner - Petitioner in the writ petition, challenging the statement, failed to produce both of them - Reliability on statements made - HELD THAT:- the excuses advanced by learned counsel for the Petitioner for the non-appearance of Mr. Surat and Mr. Baweja to be completely unacceptable. The Petitioner has approached this Court by way of the present writ petition to seek relief from this Court in the exercise of its discretionary writ jurisdiction. A Petitioner who approaches the Court has to come clean, and cannot play hide and seek with the Court. The statements made by Mr. Surat in his affidavit are completely belied by his statement recorded under Section 108 of the Customs Act, which is admissible in evidence. Aforesaid being the position, we are satisfied that the Petitioner has not come to this Court with clean hands. We are accordingly dismissed this writ petition with costs quantifying as ₹ 2 lacs to be deposited with the Advocates Welfare Trust Fund. Bailable warrants issued for production of Mr. Surat before this Court, since he appears to have consciously sworn a false affidavit before this Court. He shall also show cause as to why proceedings for perjury should not be initiated against him.
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