Caw/1485/2005 Of Coca Cola India Pvt. Ltd v. The Deputy Commissioner Of Income Tax Circle -1 (1) And Anr

IN THE HIGH COURT OF JUDICATURE AT BOMBAYCIVIL APPELLATE JURISDICTION Civil Application No. 1485 of 2005 In Writ Petition No. 2160 of 2002 Coca Cola India Pvt. Ltd. .. Applicant V/s. The Deputy Commissioner of Income Tax Circle 1(1), Pune and Anr. .. Respondents Mr. Hitesh Jain i/b. M/s. Udwadia & Udeshi for the Applicant None present for the Respondents CORAM : S. RADHAKRISHNAN & CORAM : S. RADHAKRISHNAN & CORAM : S. RADHAKRISHNAN & J.H. BHATIA, JJ. DATED : 04.07.2005. J.H. BHATIA, JJ. DATED : 04.07.2005. P.C.:- P.C.:- P.C.:- 1. Heard the learned counsel for the Applicant. None appears for the Respondents, though they have been specifically served on 28.6.2005, mentioning clearly that the matter will be appearing on Board on 4.7.2005, the Respondents have not cared to appear before this Court. 2. By this Civil Application, the Applicants are seeking recall of our order dated 7.6.2005, whereby the above Petition was dismissed in default. For the reasons stated in the Civil Application, sufficient cause is made out for recall of our order. There is no case of inaction, negligence or want of bonafide, hence Rule is made absolute in terms of prayer clause (a), (b) and (c). The learned counsel for the Applicants undertakes to file affidavit of service within a week from today. (S. RADHAKRISHNAN, J.) (S. RADHAKRISHNAN, J.) (J.H. BHATIA, J.)