2015 (8) TMI 851

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....the Respondent : Mr Atul Sajani ORDER P.C. This notice of motion taken out by the revenue is for a recall of the order dated 23 July 2009 passed by this Court. 2. The order dated 23 July 2009 reads as under : "P.C.: 1. All the above appeals which are placed for admission today, were in fact placed for admission on an earlier occasion when conditional order was passed ....

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....ed for want of removal of office objections after the expiry of the stipulated time. In this view of the matter, no further order is necessary." 3. It would therefore be noticed that the order dated 23 July 2009 was not an order which dismissed the revenue's appeals but only stated that no directions are necessary and the earlier order by which the appeal stood dismissed would continue. The....

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....when they were represented. After that date, the revenue took out a review petition on 29 October 2009 which also they did not prosecute. The affidavit in support of notice of motion gives no reason as to why the revenue did not take out the present notice of motion earlier to 12 June 2012. No explanation is offered as to why even after knowledge of the order dated 23 July 2009 the applicants took....