Deepak Guria Director Of Erstwhile Co v. The Asst. Commissioner Of Income Tax And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 38389 OF 2025 IN WRIT PETITION (L) NO. 9256 OF 2023 Deepak Ramchand Guria Director of erstwhile company M/s Akal Security I Pvt. Ltd. (Now dissolved) .. Petitioner

Versus

The Assistant Commissioner of Income Tax, Circle -1(1) and Ors .. Respondents by VINA ARVIND KHADPE Date:

2025.12.22 21:02:38 +0530 VINA ARVIND KHADPE Mr. Dharmesh Shah, a/w Dhaval Shah, Advocates for Petitioner. Mr. Arjun Gupta, Advocates for the Respondents/Revenue.

CORAM:

B. P. COLABAWALLA & AMIT S. JAMSANDEKAR, JJ.

DATE:

P. C.

1.

The above Interim Application is filed to set aside the order dated 5th February 2024, passed by the Registrar ("Judicial-I"), under which the above Writ Petition was dismissed for non removal of office objections. 2.

The above Application has been filed after one year and four months of the passing of the said order. It is the case of the Petitioner that since the

portal did not show that their were any office objections, they were unaware that office objections were to be removed. Hence, the delay. 3.

Though we are not fully satisfied with the aforesaid explanation, in order to ensure that the Petitioner is not denied an opportunity to raise their grievances on merits, we hereby recall the order dated 5th February 2024 and restore the above Writ Petition to the file of this Court. This is subject to the Petitioner paying costs of Rs. 25,000/- to the High Court Employees Medical Welfare Fund, Mumbai by way of RTGS/NEFT. The bank account details are as follows:

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.

These costs shall be paid by RTGS in the fund mentioned above within a period of two weeks from the date of uploading this order on the High Court's website. It is needless to clarify that if the costs are not paid, the

above Interim Application shall stand dismissed without further reference to the Court.

4.

If the costs are paid, the learned Advocate for the Petitioner shall remove all other office objections raised by the Registry within a period of four weeks from today. Failure to do so will result in dismissal of the above Writ Petition and no further application for restoration shall be entertained. 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.]