Caw/1979/2017 Of Shri Santosh Bajirao Mankar v. The Income Tax Officer And Anr

IN THE HIGH COURT OF JUDICATURE AT BOMBAYCIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1979 OF 2017IN WRIT PETITION NO. 1519 OF 2016 Shri Santosh Bajirao Mankar .. Applicant v/s. The Income Tax Officer,Ward 13(2), Pune and Anr. ..Respondents Mr. Dinesh R. Gulabani for the applicant Mr. Ashok Kotangle i/b Ms. Padma Divakar for the respondent CORAM : M.S. SANKLECHA & SANDEEP K. SHINDE, J.J. DATED : 26[th] JULY, 2018. P.C. 1.This Civil Application has been taken out for restoration of thispetition which was dismissed on 14[th] March, 2017 by the Registrar.This for failing to supply copies of the petition to be served upon therespondents after the petition was admitted and interim relief granted. 2.On 19[th] April, 2018, when this application was mentioned, wedirected the Registrar to place this application before the appropriateCourt as per Chapter VII Rule 43 of the Bombay High Court (AS) Rules. 3.The Registrar has invited our attention to Rule 1 and 2 (f) of theBombay High Court (AS) Rules. The above Rule provides the orders of revision from the orders passed by the Registrar would lie to a SingleJudge only in respect of those matters which are on merits to be dealtwith by the Single Judge as a part of his assignment. In the aboveview, this application would appropriately lie before us as the petition isto dealt by us on merits. 4.We have perused the Civil Application and are satisfied with thereasons mentioned in the application for not filing the copies of thepetition within the time stipulated as directed by the Registrar. 5.In the above view, we set aside the order dated 14[th] March, 2017passed by the Registrar (Judicial) and restore the writ petition to thefile of this Court and the interim reliefs granted on 16[th] March, 2016 tocontinue. Mr. Kotangle, the learned Counsel for the Revenue has noobjection to the above. 6.However, it is made clear that in case the petitioners do notsupply copies of the petition to the Registrar within one week fromtoday, the petition itself would stand dismissed without furtherreference to the Court. (SANDEEP K. SHINDE J.) (M.S. SANKLECHA, J.)