Shri Amitesh Pandey v. The Commissioner Of Income Tax, Jamshedpur

IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No. 675 of 2022 Telco Co-operative Society Ltd. having its office At Telco Works, Telco through its Secretary Shri Amitesh Pandey R/o Golmuri, Jamshedpur --- --- Petitioner Versus 1.The Commissioner of Income Tax, Jamshedpur 2.Assistant Commissioner of Income Tax, National Faceless Assessment Centre, Delhi Faceless Assessment Centre, Delhi 3.Income Tax Officer, Ward 3(2), Jamshedpur, East Singhbhum --- --- O.P.s. ….... CORAM: HON’BLE MR. JUSTICE APARESH KUMAR SINGH HON’BLE MR. JUSTICE DEEPAK ROSHAN For the Petitioners : Mr. Abhishek Kumar, Advocate For the O.P.s : Mr. Ratnesh Nandan Sahay, Sr. S.C. 03/19.10.2022 Heard learned counsel for the parties. Petitioner seeks restoration of W.P.(T) No. 393 of 2022, which stood dismissed for default for non-compliance of the peremptory order dated 21.06.2022 on failure to remove the surviving defects in the writ petition within the stipulated time. compliance of the peremptory order dated 21.06.2022 on failure to remove the surviving defects in the writ petition within the stipulated time. Learned counsel for the petitioner has taken a plea that the advocate clerk of the conducting lawyer had suddenly fallen ill during the period and as such defects could not be removed within peremptory time. He has a good case on merits and would suffer irreparably if the writ petition is no restored. Learned counsel for the opposite party has not opposed the prayer. On consideration of the reasons stated in the instant application and the submission of learned counsel for the parties, let W.P.(T) No. 393 of 2022 be restored to its original file. Surviving defects in the writ petition be removed by 4[th] November, 2022. Instant CMP is disposed of. (Aparesh Kumar Singh, J.) (Deepak Roshan, J.)