Pr. Commissioner Of Income Tax- (Central)-4, Mumbai v. Income Tax Settlement Commission, Special Bench And 4 Others

11-NMS-494-2017.DOC jsn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 494 OF 2017 IN WRIT PETITION (L) NO. 1701 OF 2017 Principal Commissioner of Income Tax, Mumbai ... Petitioner

Versus

Income Tax Settlement Commission, Special Bench & 4 Ors.

...Respondents

Mr. N.C. Mohanty, for the Applicant / Petitioner. Mr. Madhur Agrawal, with Mr. Atul Jasani for the Respondents.

CORAM:

M.S.SANKLECHA & RIYAZ I. CHAGLA, JJ.

DATED:

15TH FEBRUARY 2018.

PC:- 1.

This Notice of Motion seeks to set aside the self operative order dated 8th August 2017 passed by the Prothonotary and Senior Master of this Court, rejecting the Petitioner's Appeal for non-removal of office objections on or before 29th August 2017 in terms of Rule 986 of the High Court (Original Side) Rules. 2.

We have perused the Affidavit in Support and are satisfied with the reasons indicated therein for non-removal of office objections within the time provided by the order dated 8th August 1/2

11-NMS-494-2017.DOC 2017. In the above view, the Notice of Motion is allowed in terms of prayer clause (a).

3.

Office objections are to be removed within a period of two weeks. It is needless to state that, if the office objections are not removed within stipulated time, the Petition will stand dismissed without reference to the Court.

( RIYAZ I. CHAGLA J. ) (M.S.SANKLECHA, J.) 2/2