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OJMCA/112/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.
CIVIL APPLICATION No. 112 of 2010
In
TAX
APPEAL No. 1199 of 2009
=========================================
COMMISSIONER
- CENTRAL EXCISE & CUSTOMS - Applicant(s)
Versus
STERLITE
OPTICAL TECHNOLOGIES LTD - Respondent(s)
=========================================
Appearance
:
MR GAURANG
H BHATT for
Applicant(s) : 1,
None for Respondent(s) :
1,
=========================================
CORAM
:
HONOURABLE
MR. JUSTICE D.A.MEHTA
and
HONOURABLE
MS. JUSTICE H.N.DEVANI
Date
: 12/08/2010
ORAL
ORDER
(Per :
HONOURABLE MS. JUSTICE H.N.DEVANI)
1. This
application seeks restoration of the main matter being Tax Appeal
No.1199 of 2009, which came to be rejected for want of prosecution
vide order dated 24th June, 2010.
2. Heard
learned advocate for the applicant. The averments made in Paragraph
No.5 of the application explaining absence of learned advocate have
been reiterated.
3. Considering
the averments made in the application, the prayer for restoration of
the main matter being Tax Appeal No.1199 of 2009 is granted, subject
to the applicant depositing a
sum of Rs.1,500/- (Rupees One thousand Five hundred) with the Gujarat
High Court Legal Services Committee on or before 18th
August, 2010. Upon production of the original receipt thereof on
record of the main matter, the matter shall stand restored to file.
In the event of failure to deposit the sum as aforesaid within the
time stipulated, the matter shall stand disposed of without any
further reference to the Court.
4. The
application stands allowed accordingly.
(
D.A. Mehta, J. )
(
Harsha Devani, J. )
hki
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