Nms/3688/2009 Of Neeraj Kumaramangalam Birla v. Commissioner Of Income Tax

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3688 OF 2009IN INCOME TAX REFERENCE (L) NO.162 OF 2000 Neeraj Kumarmangalam Birla ..Applicant. V/s. Commissioner of Income Tax ..Respondent. Ms. A. Vissanji with S.J. Mehta for applicant. Mr. Suresh Kumar for respondent. CORAM : DR. D.Y.CHANDRACHUD AND J.P.DEVADHAR, JJ. DATED : 21ST APRIL, 2010 P.C. :- 1.The motion has been taken out for recalling an order dated 2 September, 2009 in so far as it pertains to Income Tax Reference (L) No.162 of 2000 and for restoration of the reference to file. The Reference came to be rejected unanswered by the order of the Court, together with a batch of other References under Section 657 of the Bombay High Court (Original Side) Rules, 1980, as steps had not been taken. An affidavit in support has been filed by the Advocate on record and by the filing clerk of the Advocate on record that papers were handed over to the filing clerk together with the Vakalatnama on or about 6 December, 2000, but due to inadvertance, the papers were misplaced. Having perused the affidavits on record, of the Advocate on record, of the clerk of the Advocate and of the applicant, we are of the view that in the interests of justice, it would be appropriate to recall the order dated 2 September, 2009 in so far as Income Tax Reference (L) No.162 of 2000 is concerned and restore it to file. The Notice of Motion is made absolute in terms of prayer clause A. (J.P.DEVADHAR, J.) (DR. D.Y.CHANDRACHUD, J.)