Rahul Associates v. The Income-Tax Officer-17(2)(1) And Another And Rahul N. Baldota And ANR (Applicants)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.214 OF 2017 IN WRIT PETITION NO.13 OF 2008 WITH CHAMBER SUMMONS NO.213 OF 2017 IN WRIT PETITION NO.16 OF 2008 WITH CHAMBER SUMMONS NO.212 OF 2017 IN WRIT PETITION NO.14 OF 2008 WITH CHAMBER SUMMONS NO.209 OF 2017 IN WRIT PETITION NO.15 OF 2008 Rahul Narendrakumar Baldota and Shrenik Narendrakumar Baldota, Beneficiaries of the Rahul Associates (Dissolved), Mumbai ...Applicant

IN THE MATTER OF

Rahul Associates (Dissolved), Mumbai

...Petitioner

vs.

The Income-Tax Officer-17 (2)(1), Mumbai and Anr.

...Respondents

----- Ms. Dinkle Hariya a/w. Ms. Namrata Kasale (New Advocates) for the Petitioner/ Applicant.

Mr. Atul K. Jasani (Earlier Advocate) for the Petitioner/Applicant for the

2 / 3 Petitioner.

Mr. Sham V. Walve a/w. Mr. Pritish Chatterjee for the Respondent-Revenue. ----- CORAM : K. R. SHRIRAM AND AMIT B. BORKAR, JJ.

DATE : 16 DECEMBER 2021.

P. C. :

Chamber Summons listed today have been taken out to bring Applicants on record as Petitioner in place of original Petitioner in the petition. The original Petitioner was a private trust which came to be dissolved in terms of a Trust Deed by efflux of time on 31/3/2011. Applicants state that based on an arrangement between beneficiaries of the Trust, assets and liabilities of Petitioner are taken over by Applicants and Declaration-cum-Indemnity was executed in that regard on 18/2/2013. Applicants state that they are therefore entitled to prosecute the original petitions in their capacity as beneficiaries of the original petitioner. 2.

There is an affidavit of service dated 29/9/2017. No reply opposing the Chamber Summons is filed. Therefore, the Chamber Summons are allowed. Applicants are permitted to amend the writ petitions as per the schedule annexed to the Chamber Summons.

3 / 3 Amendment be carried out within 4 weeks from today. 3.

Petitions be listed for final hearing on 17/12/2021, though amendment would not have been carried out by then. 4.

Chamber Summons disposed.

(AMIT B. BORKAR, J) (K. R. SHRIRAM, J.) by RAJESHWARI SUBODH KARVE Date: 2021.12.16 18:32:03 +0530 RAJESHWARI SUBODH KARVE