M/S Indian Gum Industries Ltd v. Joint Commissioner Of Incometax Special Range 27 & Ors

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1472 OF 2003 in INCOME TAX APPEAL (L) NO.693 OF 2002in INCOMETAXAPPEAL (Reje) No.803 of 2002 M/s Indian Gum Industries Ltd .. Appellant Vs. Joint Commissioner of IncomeTax Special Range 27 & ors Ms.Aasifa Khan for AppellantMr.A.D.Kango with Mr.P.S.Sahadevan for Respts CORAM : Dr.S.Radhakrishnan andA.V.Nirgude, JJDATE : 28th April, 2008 P.C. 1. Heard learned counsel for the appellant andlearned counsel for the respondents. 2. By this motion, the appellant is seekingsetting aside the order dated 17th April, 2003whereby the Prothonotary and Senior Master haddismissed the appeal for non-removal of officeobjections. 3. Perused the affidavit in support of the Noticeof motion. For the reasons stated in paras 2,3and 4 of the motion, sufficient cause is made outfor setting aside the aforesaid order of the learned Prothonotary and Senior Master. Theappeal stands restored to file. Notice of motionis made absolute in terms of prayer cause (a).Pending Notice of Motion No.971 of 2003, taken outin the above appeal also stands disposed of. Itis made clear that if the appellant fails toremove the office objections within two weeks fromtoday, earlier order of the learned Prothonotaryand Senior Master dated 17th April, 2003dismissing the appeal will stand revivedautomatically without further reference to theCourt. (A.V.Nirgude, J) (Dr.S.Radhakrishnan, J)