Calcutta High Court
Keshar Deo Agarwal vs The Income Tax Settlement Commission ... on 3 June, 2014
Author: Arindam Sinha
Bench: Arindam Sinha
ORDER SHEET
GA No. 1505 of 2014
WITH
WP No. 1048 of 2004
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
KESHAR DEO AGARWAL
Versus
THE INCOME TAX SETTLEMENT COMMISSION (I.T. & W.T.) ADDL BENCH, KOL
BEFORE:
The Hon'ble JUSTICE ARINDAM SINHA
Date : 3rd June, 2014.
Appearance :
Mr. Sanjoy Bhowmik, Adv.
Mr. Siddharth Das, Adv.
Mr. C.S. Das, Adv.
...for the petitioner.
Mr. P.K. Bhowmick, Adv.
...for the respondent.
The Court : G.A. No. 1505 of 2014 is an application for substitution of the deceased petitioner by his legal representatives.
The applicant No. 3 is the widow, the applicant Nos. 1 and 2 are the sons and the applicant Nos. 4 and 5 are the daughters of the deceased petitioner. Causes shown in the application are that on 3rd April, 2014 the writ petition was listed for hearing when the learned advocate engaged by the petitioner sought to contact the writ petitioner whereupon his legal representatives responded by 2 supplying the information to the said learned advocate that the petitioner had died on 25th October, 2010.
Mr. Sanjoy Bhowmik, learned advocate appearing on behalf of the applicant submits that in the time between 25th October, 2010 and 3rd April, 2014, the matter was not listed.
Mr. P.K. Bhowmick, learned advocate on behalf of the respondent appears and submits that the conduct of the applicants speaks of gross negligence. Be that as it may, the causes shown for not taking steps to have the substitution effected earlier are accepted.
Let the death of the deceased petitioner be recorded and the applicants be substituted in his place. G.A. No. 1505 of 2014 is allowed.
It appears that the records are not readily available. The substituted petitioners are directed to make ready copies of the pleadings and furnish them on the adjourned date for the purpose of reconstruction of the records.
Let the writ petition be listed for hearing on 17th June, 2014.
(ARINDAM SINHA, J.) akb/