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CA/1327620/2006 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR CONDONATION OF DELAY No. 13276 of 2006
In
FIRST
APPEAL (STAMP NUMBER) No. 1863 of 2006
To
CIVIL
APPLICATION - FOR CONDONATION OF DELAY No. 13277 of 2006
In
FIRST
APPEAL (STAMP NUMBER) No. 1864 of 2006
==================================================
AHMEDABAD
MUNICIPAL CORP. - Petitioner
Versus
BHARATI
BHARAT MEHTA - Respondent
==================================================Appearance
:
MS JIRGA D JHAVERI for the
Petitioner.
None for the
Respondent.
==================================================
CORAM
:
HONOURABLE
MR.JUSTICE C.K.BUCH
and
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 22/09/2008
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE C.K.BUCH)
1. Learned
Counsel Mr. Rakesh Patel appearing on behalf of learned Counsel Mr.
D. C. Dave states that learned Counsel Mr. Dave has instructions to
appear in this Civil Application. It is submitted that the
respondent-assessee has settled the matter with the Ahmedabad
Municipal Corporation and perhaps this matter might have been argued
or dealt with on merits.
2. Learned
Advocate Ms. Jirga Zaveri for the appellant-Corporation submits that
she has yet not received either oral or written instructions from the
appellant – Ahmedabad Municipal Corporation. She may be given some
more time to get the instructions from the Tax Department of the
appellant – Corporation.
3. We
are surprised that if the appellant – Corporation has really settled
the matter, the Corporation ought to have informed the learned
Advocate well in time. More than one lawyers are appearing in such
Tax Appeals and number of matters perhaps might have been settled by
the appellant-Corporation and, therefore, it is just and proper that
the appellant-Corporation is directed to inform the lawyers appearing
in Tax Appeals with specific instructions qua the Appeal or
the Civil Application in particular that Ahmedabad Municipal
Corporation has abandoned the dispute and the matter is settled.
This Court can reduce the burden of such matters which, in reality,
have become infructuous on account of settlement. The Corporation
is, therefore, directed to furnish to all respective lawyers
appearing in tax matters about such settlement within a week from the
date of receipt of writ of this Court, including the instructions in
the present applications.
4. Copy
of this order be given to the learned Counsel for the Ahmedabad
Municipal Corporation, namely, Ms. Jirga Jhaveri in this matter and
learned Advocate M. G. Nagarkar and Mr. Maulin Rawal for the
Ahmedabad Municipal Corporation in other matters.
5. S.
O. to 30th September, 2008.
[C.
K. BUCH, J.] [H. B. ANTANI, J.]
/shamnath
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