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Madhya Pradesh High Court

M/S Praveen Kumar Jain vs Deputy Commissioner Of Income Tax on 24 August, 2018

                                                                                       1


                                                                   ANNEXURE-C
                                                      High Court of Madhya Pradesh, Jabalpur
                                                             Bench at Indore, Indore
                                                         CONTINUATION ORDER SHEET

                                                               MOTION HEARING
                                                          [COMMON CONDITIONAL ORDER]
                                       IN MATTERS NOTIFIED AT SERIAL NOS.1001 TO 1001 ON THE BOARD DATED 24.08.2018

                                                       DUE TO NON-COMPLIANCE OF COURT ORDER


                                                  CAUSE TITLES AND APPEARANCES AS NOTIFIED
                                            Matters from Sr. No.1001 to 1001 are listed with office objection (s)
                                     Indore, Dated 24.08.2018
                                              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 1001 10/10/18 (P.K. Jaiswal) (S.K. Awasthi) Judge Judge rcp Digitally signed by Ramesh Chandra Pithwe Date: 2018.08.25 15:16:16 +05'30'