M/S Jyoti And Surendra Developers Pvt. Ltd. Through Its Director, Shri Surendra Mohan Khurana v. The Appropriate Authority, Income Tax Department, Ahmedabad And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

C.A.O.NO. 2165/2015 IN M.C.A.ST.NO.20606/2015 IN W.P.NO. 327/1994. M/s. Jyoti & Surendra Developers Pvt. Ltd. Nagpur. -VERSUSThe Appropriate Authority Income Tax Department, Ahemadabad and others. Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

CORAM : B.P. DHARMADHIKARI & KUM. INDIRA JAIN, JJ.

DATE : JULY 15, 2016.

Heard Shri W.T. Mathew, learned Counsel for the applicant.

2.

Prayer is to condone delay of 169 days in filing application for review of the judgment. 3.

Misc. Civil Application St. No. 20606/2015 is filed seeking review of the judgment dated 30.03.2015. Learned Counsel submits that though specifically contention about incorrect use of FSI or then errors committed by the Authorities while working out market price were pressed into service, this Court has not recorded any specific finding on it,

because of its conclusion that petitioner did not possess locus to approach the Court independent of respondent nos. 3 and 4 in the matter.

4.

With his assistance, we have looked into the relevant paragraphs.

5.

Paragraph nos. 39 and 40 of the judgment delivered by this Court shows the reasons which weighed this Court. The arguments raised by the learned Senior Counsel then appearing, are also mentioned by us in the said judgment.

6.

The reasons for condonation of delay also do not inspire confidence. The same are not supported by proper affidavit.

7.

In this situation, we find the effort of review itself erroneous. We are therefore, not inclined to issue notice on the application for condonation of delay. The same is rejected. Consequently, the Misc. Civil Application also stands rejected. No costs. JUDGE JUDGE Rgd.

CERTIFICATE copy of original signed judgment/order.

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19wp28.07.2016