KESHARCHAND GULABCHAND MUNOT vs. INCOME TAX APPELLATE TRIBUNAL and ORS

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WP/1620/2005HC BombayHCBM03011005200318 January 2016Bench: HON'BLE SHRI JUSTICE S V GANGAPURWALA,HON'BLE SHRI JUSTICE A.M. BADAR2 pages
AI SummaryDismissed

What did the High Court hold?

The High Court observed that the matter had been adjourned on previous occasions due to the absence of the petitioner's counsel. On the current date of hearing, January 18, 2016, when the matter was called, no one appeared for the petitioner. In light of this continuous non-appearance, the High Court, in the interest of justice, dismissed the Writ Petition. No costs were awarded. The Court did not delve into the substantive issues of the Writ Petition as it was disposed of on procedural grounds.

What were the facts?

The petitioner, Kesharchand Gulabchand Munot, filed a Writ Petition No. 1620 of 2005 before the High Court of Judicature at Bombay, Appellate Side, Bench at Aurangabad. The respondents were the Income Tax Appellate Tribunal and others. The matter was listed for hearing on multiple dates. On July 7, 2015, the learned counsel for the petitioner was absent, and the matter was adjourned. It was again called on January 4, 2016, with the petitioner's counsel absent, and adjourned in the interest of justice to January 18, 2016. On January 18, 2016, when the matter was called, no one appeared for the petitioner.

What were the issues?

The primary issue before the High Court was whether the Writ Petition should be proceeded with on merits, given the persistent absence of the petitioner's counsel. The Court had to decide whether to dismiss the petition due to non-appearance. The petitioner's side's argument, if any, is not recorded as no one appeared. The revenue's side, represented by Mr. Alok Sharma, Standing Counsel for Respondent No. 2, was present. No specific legal provisions or case laws were discussed in relation to the merits of the original petition, as the proceedings were terminated due to non-appearance.

AI-generated summary — verify with the full judgment below

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.1620 OF 2005. Kesharchand Gulabchand Munot Vs. The Income Tax Appellate Tribunal and others. Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and

Registrar's orders. Court's or Judge's orders Mr.L.B.Pallod, advocate for the petitioner. Mr.Alok Sharma, Standing counsel for Respondent No.2. CORAM : S.V.GANGAPURWALA AND A.M.BADAR,JJ. Date : 18.01.2016. PER COURT :

1.

Heard. 2. On 7.7.2015, the learned counsel for the petitioner was absent. To accommodate him, the matter was adjourned. The matter was also called on 4.1.2016, the counsel for the petitioner was absent. However, in the interest of justice it was adjourned to 18.1.2016. Today also, when the matter is called out, none appears for the petitioner. 3. In light of that, the Writ Petition is dismissed. No costs. (A.M.BADAR,J.) (S.V.GANGAPURWALA,J.) Dt.18.01.2016. asp/office/wp1620.05

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