Madhya Pradesh High Court
Commissioner Of Income Tax Bhopal vs Shri Ritesh Agrawal on 25 April, 2016
COMMON CONDITIONAL ORDER
IN MATTERS NOTIFIED AT SERIAL NOS. 1001 to 1010
ON THE BOARD DATED 25.04.2016
DUE TO NON-COMPLIANCE OF COURT ORDER
25.04.2016
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 1010 13-06-2016 (A.M. Khanwilkar) (J.P. Gupta) Chief Justice Judge Anchal