Tulsidas v. Patel Pvt.ld

13&15-17-NMA-2064&2066&2067&2068-17.doc Sharayu Khot. IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2064 OF 2017 IN INCOME TAX APPEAL NO. 675 OF 2002 ALONG WITH NOTICE OF MOTION NO. 2066 OF 2017 IN INCOME TAX APPEAL NO. 676 OF 2002ALONG WITH NOTICE OF MOTION NO. 2067 OF 2017 IN INCOME TAX APPEAL NO. 638 OF 2002 ALONG WITH NOTICE OF MOTION NO. 2068 OF 2017 IN INCOME TAX APPEAL NO. 639 OF 2002 Tulsidas V. Patel Pvt.Ld. …Applicant/ Appellant Versus The Income Tax Circle 2(1) …Respondent ---------- Mr. Ravi Rattessar, i/by D.M. Harish & Co., for the Appellant.Mr. N.C. Mohanty, for the Respondent. 1/3 13&15-17-NMA-2064&2066&2067&2068-17.doc ---------- CORAM :M.S. SANKLECHA &RIYAZ I. CHAGLA, JJ. DATE : 19 January 2018 ORDER : 1.These Notices of Motion have been taken out forrecall of the order dated 27 June 2016 passed by this Courtdismissing the four Appeals for non prosecution. 2.The Affidavit in Support of the Motion has been filedby the Advocate and he points out that these Appeals, relating toassessment years 1986-87, 1987-88, 1990-91 and 1991-92, weredismissed for non prosecution. In the Affidavit the Advocatestates that there were some other Appeals relating to assessmentyears 1988-89, 1989-90 and 1993-94 pertaining to the Applicantand while checking their status, the Advocate for the Applicantrealised that the four Appeals were dismissed for nonprosecution. The Advocate further states that he missed noticing 2/3 13&15-17-NMA-2064&2066&2067&2068-17.doc the same when they were listed on board, resulting in thepresent Appeals being dismissed for non prosecution. 3.Therefore, as these four Appeals were dismissed fornon prosecution on account of the Advocate missing the matter,when it was listed, we recall order dated 27 June 2016. TheAppeals to be placed on board in its regular turn. 4.Notices of Motion disposed of in terms of prayerclause (a). [RIYAZ I. CHAGLA J.] [M.S. SANKLECHA, J.] 3/3