Madhya Pradesh High Court
M/S Assotech Ltd. Sirol Road Near Boson ... vs The Commissioner Commercial Tax Madhya ... on 24 June, 2016
MCC-124-2016
(M/S ASSOTECH LTD. SIROL ROAD NEAR BOSON COLLEGE GWALIOR THR. Vs THE
COMMISSIONER COMMERCIAL TAX MADHYA PRADESH MOTI BUNGALOW INDORE)
24-06-2016
Shri Anvesh Jain, learned counsel for the applicant.
Shri Raghvendra Dixit, learned counsel for the State of Madhya Pradesh.
None for the respondent No.1 although represented through duly engaged
counsel Shri Kamal S.Rochlani, Shri Ahay Deep Saxena and Shri Deepak Khot and their names have been circulated in the cause list. Learned applicant's counsel prays that the name of Shri Anand V. Bharadwaj as counsel for the respondent has been wrongly circulated in the cause list. On his submission, such version is also taken on record. It is very unfortunate that in spite of engaging various counsel by the respondent No.1, no one is present before the Bench to show the courtesy even for seeking adjournment and to assist the Court in the matter. Heard on the question of admission.
In compliance of the earlier directions, the requisite report regarding financial status of the applicant and her indigency is received from the office of Tahsildar Gwalior. According to such report dated 2.4.2016, the applicant did not possess any immoveable property in her name and she is also not having any regular source of income, as such she is dependent on her husband, power of attorney holder in this matter. It is apparent that the rebuttal of the aforesaid report has not been placed on record and no one is present on behalf of the respondent No.1 to oppose such report. In such premises, there is no option with the Court except to rely on such report and pass appropriate order in the matter.
In view of the aforesaid report, the applicant is held to be indigent. In such premises, she is permitted to prosecute the annexed appeal against the judgment and decree dated 22.12.2010 passed by Eleventh Additional District Judge, Gwalior in Civil Original Suit No. 4B/2010 as indigent person but subject to provision of Order 33 read with Order 44 of the Code of Civil Procedure.
In view of the aforesaid, this petition is allowed and pursuant to it, office is directed to register the annexed civil appeal of the applicant filed under Section 96 CPC as regular appeal and list the same before the Bench by fixing a date in the week commencing 25th July, 2016 under an intimation to the respondents through S.P.C. It cannot be left to mention on the aforesaid S.P.C. that on taking up the matter today for consideration on the petition filed under Order 44 Rule 1 read with Section 151 CPC, no one was present on behalf of the respondent No.1 in spite of circulating the names of its counsel in the daily cause list.
(U.C. MAHESHWARI) (VIVEK AGARWAL)
JUDGE JUDGE