Pandooi Place v. Income Tax Appellate Tribunal, Patna Bench And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2588 of 2016 In Miscellaneous Appeal No.566 of 2007 ====================================================== Pandooi Place, Patna, a partnership firm having its office at Pandooi Place, Boring Road, Patna, P.S. Budha Colony, Patna through its partner, Sri Ranjan Kumar, Son of Sri Bamehswar Prasad Narayan Singh, Resident of Pandooi Place, Boring Road, P.S.- Budha Colony, Distt- Patna. ... ... Petitioner.

Versus

1.

Income Tax Appellate Tribunal, Patna Bench, Patna. 2.

Commissioner of Income Tax-I, Patna.

3.

Income Tax Officer, Ward 1 (5), Patna.

... ... Opposite Parties.

====================================================== Appearance :

For the Petitioner :

None.

For the Opposite Parties :

Mr. Rishi Raj Sinha, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 18-12-2023 On 14.12.2023, the following order was passed: "None appears for the petitioner.

2. The present matter is for restoration. Recalling order has not been placed on record. In the absence of the same, it is not possible to examine for the purpose of restoration.

3. The present MJC application is pending consideration for the last seven years, therefore, in order to give one more opportunity, relist this matter on 18.12.2023. If there is no representation, present

Patna High Court MJC No.2588 of 2016(3) dt.18-12-2023 2/2 application would be dismissed for want of production of recalling order and so also no representation."

2. Today also, none appears for the petitioner.

3. Perusal of the pleadings in M.J.C. Petition No.2588 of 2016 read with the order to be recalled, it is not a case for M.J.C. Petition for restoration.

4. Accordingly, the present M.J.C. Petition stands dismissed. If the petitioner intends to file litigation against the recalling of the order, he is at liberty to invoke appropriate remedy of filing Civil Review, in accordance with law. (P. B. Bajanthri, J) ( Ramesh Chand Malviya, J) P.S./- U