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Madhya Pradesh High Court

The Principal Commissioner Of Income ... vs M/S M.P. Financial Corporation on 24 April, 2017

                             COMMON CONDITIONAL ORDER
             IN MATTERS NOTIFIED AT SERIAL NOS. 1001 to 1008 ON THE BOARD
                                    DATED 24-04-2017
                         DUE TO NON-COMPLIANCE OF COURT ORDER
24.4.2017
                   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 1008 19.06.2017 (Hemant Gupta) (Alok Verma) Chief Justice Judge Anchal