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1 - 2 of 2 (0.16 seconds)Oil & Natural Gas Commission vs Utpal Kumar Basu on 23 June, 1994
On the other hand, the learned counsel for the
respondents [legal representatives of Kamla Devi], submitted
that when the suit summons were served upon the Corporation
and the assessing officer by the Ghaziabad court, it was
their duty to appear before the court and contest it by
putting forward such Defences as were open to them in law.
Not having done that and having suffered a decree and
allowed the limitation for filing the appeal to lapse, it is
not open to the Corporation to approach this court directly
under Article 136 of the Constitution against the Judgment
and decree of the Ghaziabad court. It is submitted that the
only manner in which the said judgment and decree could be
avoided by the Corporation was to file an appeal as provided
by law. The several allegations made against the first
respondent are denied and it is submitted that when the
officials of the Corporation wanted to attach their movables
at Ghaziabad, Kamla Devi was obliged to file the suit in
Ghaziabad. Counsel also sought to argue that the order of
assessment dated January 28, 1991 is contrary to law,
excessive and deserves to be set aside. It is also brought
to our notice that the appeal filed by Kamla Devi against
the assessment order dated January 28, 1991 was dismissed
for default on September 12, 1994.
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