Commissioner Of Income Tax, Jaipur v. M/S. Antiquariat

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHANJAIPUR BENCH, JAIPUR D.B. CIVIL RESTORATION APPLICATION NO. 537/2011IN D.B. SPECIAL APPEAL(WRIT) NO. 1004/2009 COMMISSIONER OF INCOME TAX, JAIPURVS. M/S. ANTIQUARIAT. Date: 29.03.2012 HON'BLE THE CHIEF JUSTICE MR. ARUN MISHRA'HONBLE MR. JUSTICE NARENDRA KUMAR JAIN-I Mr. J.K. Singhi, Senior Counsel assisted by Mr. Ramit Pareek,for the appellant-applicant. Defect is waived. The special appeal was dismissed for non-compliance of the order of this court dated 23.05.2011. Thecase was dismissed due to mistake of the counsel. Litigantmay not suffer for the mistake of the counsel. Considering the aforesaid aspect, we are inclinedto restore D.B. Special Appeal(Writ) No. 1004/2009 to itsoriginal number, subject to the condition that the appellantshall pay a sum of Rs.500/- as cost and make compliance ofthe order dated 23.05.2011. In case, the appellant depositsRs.500/- as cost with the Rajasthan State Legal ServicesAuthority and makes compliance of the order dated23.05.2011 within two weeks from today, the special appealshall stand restored to its original number. The restoration application stands disposed of accordingly. (NARENDRA KUMAR JAIN-I),J. (ARUN MISHRA),CJ. Manoj “All corrections made in the judgment/order have been incorporated in thejudgment/order being emailed.” MANOJ NARWANI, JUNIOR PERSONAL ASSISTANT.“All corrections made in the judgment/order have been incorporated in thejudgment/order being emailed.” MANOJ NARWANI, JUNIOR PERSONAL ASSISTANT.