M/S.Viki Industries Pvt Ltd v. The Assistant Commissioner (St)

in W.P.No.33629 of 2022 M.SUNDAR, J., This order will now dispose of the captioned 'Writ Miscellaneous Petition' ['WMP'].

2. Captioned WMP has been filed with a prayer to dispense with production of an 'order dated 04.03.2022 bearing reference TIN : 33940702291/2015-16 made by the lone respondent' [hereinafter 'impugned order' for the sake of convenience and clarity].

3. Mr.N.Prasad, learned counsel on record for the writ petitioner adverting to the support affidavit submitted that the impugned notice has been served on the security personnel / watchman and the same could not be traced out. Learned counsel drew the attention of this Court to Paragraph 11 of the support affidavit, which reads as follows: '11. The petitioners most respectfully state that, they appeared before the respondent soon after receiving the Recovery Notice dated 04.11.2022 and discovered on perusing the Assessment file that the impugned order dated 04.03.2022 had been served on the security personnel / Watchman viz., Mr.Rajan. The petitioners immediately searched their premises Page Nos.1/3

at No.1, Krishna Street, Nungambakkam, Chennai-600 034 for the original of the impugned order dated 04.03.2022, but could not find the same. The petitioners therefore, requested the respondent to hand over a clear xerox copy of the impugned proceedings, which the respondent did. The petitioners are therefore, presently filing a clean xerox copy of the impugned order dated 04.03.2022, in lieu of the original thereof.'

4. The above, in the view of this Court is good enough to accede to the prayer in captioned WMP. In the light of the narrative thus far, dispense with prayer is acceded to. Captioned WMP ordered as prayed for. No costs.

15.12.2022 (1/2) mk Page Nos.2/3

M.SUNDAR, J., mk in W.P.No.33629 of 2022 15.12.2022 (1/2) Page Nos.3/3