The Commissioner Of Income Tax-7 v. M/S.royal Western India Turf Club Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAYO. O. C. J. NOTICE OF MOTION NO.3985 OF 2009 ININCOME TAX APPEAL NO.193 OF 2010 The Commissioner of Income Tax-7. Vs. ...Appellant. M/s.Royal Western India Turf Club Ltd. ...Respondent. .... Mr.Suresh Kumar for the Appellant.None for the Respondent. ..... CORAM : DR.D.Y.CHANDRACHUD AND J.P.DEVADHAR, JJ. April 5, 2010. P.C. : Though the Respondent has been served, none appears on behalf of the Respondent. The Motion has been taken out for restoration of an appeal which stands dismissed for non-compliance with the conditional order dated 17[th] June 2009 for non-removal of office objections. We have perused the affidavit in support and are of the view that while interests of justice will require that the appeal should be restored to file, this should be subject to payment of costs to the Maharashtra State Legal Services Authority, which shall be a condition precedent. The Notice of Motion is accordingly made absolute in terms of prayer clause (a) subject to payment of costs quantified at Rs.1500/- which shall be paid within a period of two weeks from today. We have directed that the payment of costs should be made to the Maharashtra State Legal Services Authority since no one appears for the Respondent. In the event of costs being paid, time for removal of office objections shall stand extended by a further period of four weeks from today, failing which the appeal shall stand dismissed for want of prosecution without reference to the Court. The motion is accordingly disposed of. ( Dr.D.Y.Chandrachud, J.) ( J.P.Devadhar, J.)