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Madhya Pradesh High Court

M.P. Poorva Kshetra Vidyut Vitran ... vs Principal Commissioner Of Income Tax Ii on 15 October, 2020

                                       HIGH COURT OF MADHYA PRADESH

                                     COMMON CONDITIONAL ORDER
                        IN MATTERS NOTIFIED AT SERIAL NO. 1001 TO 1002 AND 1004 TO
                                   1007 ON THE BOARD DATED 15.10.2020

                                    DUE TO NON-COMPLIANCE OF COURT ORDER

                    JABALPUR,         DATED : 15.10.2020

                           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. 1001-1002 & 1004 TO 1007 01-12-2020 (SANJAY YADAV) (RAJEEV KUMAR DUBEY) ACTING CHIEF JUSTICE JUDGE VIVEK/-
Digitally signed by VIVEK KUMAR TRIPATHI

Date: 2020.10.15 14:01:29 +05'30'