TaxTMI 
TaxTMI 
2021 (5) TMI 1092
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....was filed with the application for condonation of delay and the same was taken up for hearing by this Court (Coram:- S.S. Shinde & Manish Pitale, JJ.) on 4th May, 2021. The said application for condonation of delay was allowed and delay in filing the appeal stood condoned. 4. The aforesaid appeal was circulated before the Vacation Court (Coram:- S.J. Kathawalla & Surendra P. Tavade, JJ.) on 19th May, 2021. On 19th May, 2021 this Court was pleased to direct the Jail Superintendent, Taloja Central Prison, Navi Mumbai, to take the appellant to J.J. Hospital, Mumbai, for his medical checkup. The dean of J.J. Hospital, Mumbai was directed to form a committee of doctors including Neuro-physician, ENT, Orthopedic Surgeon, General Surgeon etc. T....
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....e line of treatment as well as the facilities required to be provided to the appellant as set out in the report of the committee dated 20th May, 2021. 7. Mr. Mihir Desai, learned Senior Advocate appearing for the appellant submits that, he personally interacted with the appellant and requested him to take necessary treatment in Holy Family Hospital, Bandra, keeping in view the age of the appellant and ailment from which he is suffering. It is submitted that the appellant has acceded to his request and now he is ready to take treatment in Holy Family Hospital at Bandra. It is submitted that from the last date of hearing till date, the health of the appellant started deteriorating and now it has become necessary to admit him in the hospita....
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....of the appellant to allow him to take treatment in Holy Family Hospital at Bandra may not be entertained. 10. Mr. Anil C. Singh, learned ASG appearing for Respondent No. 2 submits that in J.J. Hospital, Mumbai, all the facilities to treat the appellant are available including good doctors, equipments, medicines etc, and therefore, prayer of the appellant to allow him to take treatment in Holy Family Hospital at Bandra, may not be entertained. It is submitted that, allowing the prayer of the appellant to take treatment in the private hospital may set wrong precedent. Without prejudice to the aforesaid submissions and in the alternate, it is submitted that in case this Court is inclined to give directions to shift and allow the appellant t....
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....n and 'there is a lot of give and taken in the prison'. He has therefore insisted that he should get interim bail. 5. In view of above, the learned Senior Advocate appearing for the Appellant has sought an adjournment for a few days to enable him to once again talk to the Petitioner and convince him to seek treatment at the Holy Family Hospital at Bandra. In view thereof, place the above Appeal on 7 th June, 2021. Liberty to apply prior to the adjourned date if so required." 13. Pursuant to the liberty granted by Vacation Court, matter was mentioned by way of filing praecipe and after informing learned advocates appearing for the respective parties, and accordingly the same is taken on board. It is not in dispute that the age of....