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Bombay High CourtCHOL/574/2024disposed off

Dadra Nagar Haveli Sahakari Khand Udyog Mandali Limited v. Deputy Commissioner Of Income Tax, Special Range-1

2025-01-06S. S. Agate, Addl. Registrar (Os)/Addl. Protho. And Senior Master2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 06th January, 2025.

CALLED FOR HEARING AND FINAL DISPOSAL :

1. Chol/574/2024 in ITXA/258/2006 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Atul K. Jasani, Applicant/Advocate for the Appellant.

P.C.:

1. This Chamber Order is taken out by Mr.

Atul K. Jasani, Applicant/Advocate for Appellant seeking discharge on behalf of Appellant, Dadra Nagar Haveli Sahakari Khand Udyog Mandali Limited in ITXA/258/2006.

2. Applicant undertakes to file Affidavit of service during the course of the day.

3. Perused Affidavit in support dated 27.09.2024. Para - 3 to 5 are relevant which are reproduced hereunder;

"x x x x x x x x x x x x x x x x x x x x x x x x x x x

3. I say that I had telephonically informed Mr. Hiren R. Vepari Chartered Accountant of the Appellant (Son of Ravindra N. Vepari, who had originally breifed me in the matter and has now passed away) that the above appeal had come up for directions before their Lordships Hon'ble Shri Justice G. S. Kulkarni and Shri Justice Somasekhar Sundaresan on Friday, 5th July, 2024. I was instructed to seek time and that the further instruction would be given after contacting the Appellant. However, no instructions were received thereafter despite follow up.

4. I say that by my letter dated 22nd August, 2024, 1 had given notice to the Appellant for withdrawal of my appearance in the matter in absence of instructions and recording the

above facts. The said letter was returned undelivered. Hereto annexed and marked Exhibits "A" and "B" respectively are the copy of i) my letter dated 22nd August 2024 (in original), and (ii) the undelivered packet containing aforesaid letter in original.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

5. I say that I informed the said Mr. Hiren Ravindra Vepari, Chartered Accountant, of the Appellant about the return of the registered post."

4. I am satisfied that the Ld. Advocate has substantially complied with the procedure for obtaining discharge under High Court, Original Side Rules read with the provisions and Rules framed under the Advocates Act.

5.

In view of above, Chamber Order is allowed and signed separately. Advocate, Mr. Atul K. Jasani has been discharged on behalf of the Appellant in ITXA/258/2006.

Office to delete the name of Advocate Mr.

Atul K. Jasani as Advocate for the Appellant in ITXA/258/2006. Mr. Atul K. Jasani to communicate this Order to the Appellate and thereafter, Appellant to engage another Advocate, if it so desire.

6.

Chamber Order is disposed of accordingly.

06.01.2025 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master