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Madhya Pradesh High Court

Principal Commissioner Of Income Tax 1 vs Aisect Limited Nh 2 on 24 March, 2022

Author: Chief Justice

Bench: Chief Justice

                                             IN THE HIGH COURT OF MADHYA PRADESH
                                                          AT JABALPUR

                                                  COMMON CONDITIONAL ORDER
                                           IN MATTERS NOTIFIED AT SERIAL NO. 1001 TO 1011
                                                         ON THE BOARD

                                              DUE TO NON-COMPLIANCE OF COURT ORDER

                            DATED: 24.03.2022
                                   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 1011 10-05-2022 (RAVI MALIMATH) (PURUSHAINDRA KUMAR KAURAV) CHIEF JUSTICE JUDGE psm Digitally signed by PREM SHANKAR MISHRA Date: 2022.03.24 18:24:46 +05'30'