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OJMCA/114/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.
CIVIL APPLICATION No. 114 of 2010
In
TAX
APPEAL No. 259 of 2006
=========================================================
DEEPALI
AJAYBHAI PATEL - Applicant(s)
Versus
DEPUTY
COMMISSIONER OF INCOME TAX(ASSESSMENT) - Respondent(s)
=========================================================
Appearance :
MR
MANISH J SHAH for Applicant(s) : 1,
MRS M.M.BHATT, for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE D.A.MEHTA
and
HONOURABLE
MS.JUSTICE H.N.DEVANI
Date
: 10/08/2010
ORAL
ORDER
(Per
: HONOURABLE MS.JUSTICE H.N.DEVANI)
This
application seeks restoration of Tax Appeal No.259 of 2006 which
came to be dismissed for default vide order dated 19th
December, 2007.
Though
the learned advocate for the applicant has filed Sick Note,
considering the averments made in the application and after hearing
Mrs.M.M.Bhatt, learned advocate appearing for the respondent since
sufficient cause had been made out, the application is allowed. Tax
Appeal No.259 of 2006 is restored to file, subject to the applicant
depositing a sum of Rs.1,500/- (Rupees One Thousand Five Hundred
Only) with the Gujarat High Court Legal Services Committee on or
before 20th 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. The same
shall be listed for final hearing in, due course in seriatim.
The
application stands disposed of accordingly.
(D.A.MEHTA,
J.)
(H.N.DEVANI,
J.)
(ashish)
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