Madhya Pradesh High Court
M/S Diamond Ii (Now Also Known As ... vs The Commissioner Of Commercial Tax on 14 June, 2021
Author: Chief Justice
Bench: Chief Justice
THE HIGH COURT OF MADHYA PRADESH
[COMMON CONDITIONAL ORDER]
IN MATTERS NOTIFIED AT SERIAL NO. 1001 to 1013 ON THE BOARD
DATED 14-06-2021
DUE TO NON-COMPLIANCE OF COURT ORDER
JABALPUR, DATED : 14-06-2021
The Court proposes to pass this common conditional order to obviate passing of
identical conditional order in these matters involving similar office objection/default.
In all these matters, due to non-removal of office objection within the prescribed
time as per the Rules, the concerned matter was placed before the Registrar in the first
instance. The Registrar granted sufficient time to the petitioner(s)/applicant(s)/appellant(s)
to cure the defect/office objection, however, due to non-removal of office objection/default
within the prescribed time, the concerned matter was required to be once again listed before
the Court. The Court granted further time, by passing common order on the earlier
occasion.
In spite of repeated opportunity (three times-one under Rules, second by the
Registrar and third by Court), the petitioner(s)/ applicant(s)/appellant(s) has failed to cure
the office objection/default. As a result, by way of indulgence and last opportunity, in terms
of this order, SIX WEEKS' further time is granted to the petitioner(s)/applicant(s)/
appellant(s) in the respective matters to remove office objection/default and make the
matter ready for further hearing within that time, failing which the concerned
petition/application/appeal shall stand dismissed for non-prosecution without further
reference to the Court.
Provided, however, in cases, where the objection/default is about non-
service of any of the respondent, on expiry of the extended period, the
concerned matter will stand dismissed for non-prosecution only against the unserved respondent(s), without further reference to the Court. The matter would then proceed against the remaining respondent(s).
In cases where the office objection/default has already been cured before passing of this order, it will be open to the concerned party to bring that fact to the notice of the Registrar (Judicial-II), who may examine the same and proceed with the matter as per the listing scheme, if ready for hearing.
If the office objections are removed within the time extended in terms of this order, the concerned matter(s) be made returnable on the date notified hereafter:
S.No. Cases as per Cause List No. Returnable Date
1. 1001 to 1013 29-07-2021 (MOHAMMAD RAFIQ) (VIJAY KUMAR SHUKLA) CHIEF JUSTICE JUDGE s@if Signature SAN Not Verified Digitally signed by SAIFAN KHAN Date: 2021.06.15 10:29:57 IST