Pr. Commissioner Of Income Tax vs Shri Rahul Chaprod on 30 August, 2019

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Madhya Pradesh High Court

Pr. Commissioner Of Income Tax vs Shri Rahul Chaprod on 30 August, 2019

Bench: S.C.Sharma

       THE HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
   IN MATTERS NOTIFIED AT SERIAL NOS.1001 TO 1010 ON THE BOARD
     DATED 30.08.2019 DUE TO NON-COMPLIANCE OF COURT ORDER

Indore, dated : 30.08.2019
        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.
        Inspite 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 Dates
              1                                 1001 to 1010                          16/10/19




        (S. C. Sharma)                                                       (Shailendra Shukla)
            Judge                                                                    Judge
(AKS)


              Digitally signed by Anil

Anil          Kumar Sharma
              DN: c=IN, o=High Court of
              Madhya Pradesh Bench


Kumar
              Indore, postalCode=452001,
              st=Madhya Pradesh,
              2.5.4.20=753b65d225a9746e
              99a75a441cdc964aa7a158d


Sharma
              438793e7f32467b355745f3a
              e, cn=Anil Kumar Sharma
              Date: 2019.08.30 15:13:57
              +05'30'

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