Gupta Builders And Developers v. The Assistant Commissioner Of Income Tax Central Circle 4(3 Mumbai And ORS )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.11754 OF 2025 IN WRIT PETITION (ST) NO. 16545 OF 2024 Gupta Builders and Developers Navi Mumbai, Mumbai .. Applicant/Petitioner

Versus

ACIT Central Circle 4 (3), Mumbai & Ors .. Respondents Ms. Ritika Agarwal, with Ms. Yaminee Verma i/b M/s. Acelegal, Advocates for the Applicant/Petitioner.

Mr. N. C. Ranganayakulu, Advocates for the Respondents. by ANJALI TUSHAR ASWALE Date:

2025.09.23 13:05:31 +0530 ANJALI TUSHAR ASWALE CORAM: B. P. COLABAWALLA & AMIT S. JAMSANDEKAR, JJ.

DATE:

P. C.

1.

The above Interim Application is filed seeking to restore the above Writ Petition which was dismissed by the Registrar (Judicial-I) vide his order dated 10th September 2024 for non removal of office objections. 2.

The learned counsel appearing on behalf of the Petitioner submitted that there has been some delay in filing this application which is explained therein. However, inadvertently there is no prayer seeking a condonation of delay. She, therefore, submitted that for the reasons stated in

the Interim Application, delay be condoned and the Writ Petition be restored to file.

3.

Having heard the learned counsel for the parties, even though we are not fully satisfied with the explanation given for the delay, in order to ensure that the Petitioner is not shut out to agitate their grievances on merits, we hereby condone the delay and restore the Writ Petition on the file of this Court subject to the Petitioner paying a sum of Rs.30,000/- as costs to the High Court Employees Medical Welfare Fund at Mumbai within a period of two weeks from today. The payment shall be made through RTGS in the following account, the details of which are as under:- Account Name: The High Court Employees Medical Welfare Fund at Mumbai.

Bank Name and Branch: Bank of India, Mumbai (Main) Branch.

Account No:000120110001337 IFSC Code: BKID0000001.

4.

It is needless to clarify that if the costs are not paid within the stipulated period, the above Interim Application shall stand dismissed without further reference to the Court.

5.

The Interim Application is disposed of in the aforesaid terms. 6.

This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax [AMIT S. JAMSANDEKAR, J.] [B. P. COLABAWALLA, J.]