Madhya Pradesh High Court
Pr. Commissioner Of Income Tax vs Shri Ghanshyam Rathore on 1 May, 2019
THE HIGH COURT OF MADHYA PRADESH
Common Conditional Orders in the matters relating to
Serial Nos. 1001 to 1016 as per cause list
Gwalior, Dated : 01.05.2019
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.
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
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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.
Cases as per cause list number Returnable Date
1001 to 1016 17-06-2019
(Sanjay Yadav) (Vivek Agarwal)
Judge Judge
Shubhankar*
SHUBHANKAR
MISHRA
2019.05.02
10:56:10 +05'30'