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Calcutta High CourtFMA/1153/2019disposed

M/S Mcnally Bharat Engineering Co Ltd v. The Sr. Jt Commissioner Commercial Taxes & ORS

2021-12-14Hon'Ble Justice T. S. Sivagnanam,Hon'Ble Justice Hiranmay Bhattacharyya2 pages

14.12.2021 ns/pg Ct.16 F.M.A. 1153 of 2019 With I.A. No.CAN 1 of 2017 (Old CAN 2200 of 2017) M/s. McNally Bharat Engineering Co. Ltd.

Vs.

The Senior Joint Commissioner, Commercial Taxes, Corporate Division & ors.

Mr. Anirban Ray, Ld. G. P., Md. T. M. Siddique, Mr. Debasish Ghosh ....

for the State.

None appears for the appellant.

The appeal is directed against the order dated 20th January, 2017 in W.P. No.1361(W) of 2017. The writ petition was filed challenging the order passed by the revisional authority dismissing the revision after refusing to accept the prayer for adjournment. The learned Writ Court has tested the contention raised by the petitioner as to why they had not cooperated with the revisional authority and confirmed the order passed by the revisional authority. Before us, there is no representation on behalf of the appellant. We find that the reason assigned by the learned Writ Court ought to be proper but, however, since there is no appearance on behalf of

the appellant, this appeal is dismissed for nonprosecution. Urgent photostat certified copy of this order, if applied for, be given to the parties expeditiously upon compliance of all legal formalities.

( T. S. Sivagnanam, J.) (Hiranmay Bhattacharyya, J.)