Madhya Pradesh High Court
Pr. Commissioner Of Income Tax ... vs Shri Gaurav Tikriwal on 17 August, 2023
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
THE HIGH COURT OF MADHYA PRADESH
[COMMON CONDITIONAL ORDERS]
MATTERS NOTIFIED AT SERIAL Nos. 1001 to 1005 ON THE
BOARD DATED 17/08/2023
Indore, Dated:17/08/2023
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 1005 03/10/23
(S.A. DHARMADHIKARI) (PRANAY VERMA)
JUDGE JUDGE
pn
PREETHA HARI NAIR
Digitally signed by PREETHA HARI NAIR
DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=HIGH COURT OF MADHYA PRADESH BENCH INDORE, 2.5.4.20=5431da3716f911ecd1cb3fc6dc91ea2cacec60259cb241b9ad42416f404bb303, postalCode=452001, st=Madhya Pradesh, serialNumber=0EC5BE08895BA17A6074239F753A38DE8188C5E65085178B87CD8C85BA5B87CC, cn=PREETHA HARI NAIR Date: 2023.08.17 10:24:02 +05'30'