Assistant Commissioner A/E … vs M/S Shree Spring Industry on 7 August, 2009

               D.B. CIVIL SPECIAL APPEAL NO.18/2009


                   DATE OF ORDER : 07.08.2009


            HON'BLE MR. JUSTICE A.M. KAPADIA
         HON'BLE MR. JUSTICE DEO NARAYAN THANVI


Mr. M.S. Godara, for the appellant.


        Heard learned counsel for the appellant.


        Learned   counsel     for   the     appellant    submits   that   he
apologizes for the wrong statement made before the Court for
filing the requisites. In our view, due to the fault of the lawyer,
the appellant should not suffer. The learned Single Judge has
taken    too   technical view       while    dismissing the restoration
application for making wrong statement. The ends of justice
would meet, if the parties are given adequate opportunities to
contest the revision on merits. The restoration application was
dismissed without giving notice to the respondent, therefore, we
deem it just and proper to allow this special appeal without
serving notice to the respondent.


        Accordingly,   this   special     appeal   is   allowed    and    the
impugned order dated 13.04.2009 passed by the learned Single
Judge in S.B. Civil Restoration Application No.16/2009 is set
aside and the S.B. Civil Sales Tax Revision Petition No.266/2003
is restored to its original number and be listed within 15 days
before the appropriate Bench.



(DEO NARAYAN THANVI), J.                                (A.M. KAPADIA), J.

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