Madhya Pradesh High Court
Pr.Commissioner Of Income Tax vs Shri Narayan Balmukund Dubey on 22 April, 2016
1
COMMON CONDITIONAL ORDER
IN MATTERS NOTIFIED AT SERIAL NOS.1001 TO 1002
ON THE BOARD DATED 22nd APRIL, 2016
DUE TO NON-COMPLIANCE OF COURT ORDER
CAUSE TITLES AND APPEARANCES AS NOTIFIED
Matters from Sr. No.1001 to 1002 are listed with office objection (s)
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.
2S. No. Cases as per Cause List No. Returnable Date
1. 1001 to 1002 13.06.2016 (P.K. Jaiswal) (Vivek Rusia) Judge Judge rcp