Dismissed

M/S Jyoti and Surendra Developers Pvt. Ltd. through Its Director, Shri Surendra Mohan Khurana v. the Appropriate Authority, Income Tax Department, Ahmedabad and Others

Bombay HC15 Jul 2016CAO/2165/2015

Case brief

AI extract

What is this about?

In this Misc. Civil Appeal, the Nagpur Bench of the Bombay High Court heard a petition seeking condonation of delay to file a review application. The bench rejected the application due to lack of proper affidavit supporting the reasons for condonation and lacked confidence in the same.

What did the court decide?

Application for condonation of delay is rejected; Misc. Civil Application stood rejected.

M/S Jyoti and Surendra Developers Pvt. Ltd… — Civil Procedure and Limitation | Bombay HC (2016)

Order

1507cao2165.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.

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C.A.O.NO. 2165/2015 IN M.C.A.ST.NO.20606/2015 IN W.P.NO. 327/1994.

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M/s. Jyoti & Surendra Developers Pvt. Ltd. Nagpur. - VERSUS-

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The Appropriate Authority Income Tax Department, Ahemadabad and others.

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Office notes, Office Memoranda of Coram, appearances, Court's orders Court’s or Judge’s Orders or directions and Registrar’s orders.

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CORAM : B.P. DHARMADHIKARI & KUM. INDIRA JAIN, JJ.

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DATE : JULY 15, 2016.

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Heard Shri W.T. Mathew, learned Counsel

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for the applicant.

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Prayer is to condone delay of 169 days in

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filing application for review of the judgment.

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Misc. Civil Application St. No. 20606/2015 is filed seeking review of the judgment dated 30.03.2015. Learned Counsel submits that though specifically contention about incorrect use of FSI or then errors committed by the Authorities while working out market price were pressed into service, this Court has not recorded any specific finding on it,

Order

1507cao2165.15

because of its conclusion that petitioner did not possess locus to approach the Court independent of respondent nos. 3 and 4 in the matter.

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With his assistance, we have looked into the relevant paragraphs.

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Paragraph nos. 39 and 40 of the judgment delivered by this Court shows the reasons which weighed this Court. The arguments raised by the learned Senior Counsel then appearing, are also mentioned by us in the said judgment.

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The reasons for condonation of delay also do not inspire confidence. The same are not supported by proper affidavit.

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In this situation, we find the effort of review itself erroneous. We are therefore, not inclined to issue notice on the application for condonation of delay. The same is rejected. Consequently, the Misc. Civil Application also stands rejected. No costs.

JUDGE JUDGE

Rgd.

Order

1507cao2165.15

CERTIFICATE

I certify that this judgment/order uploaded is a true and correct copy of original signed judgment/order.

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Uploaded by : R.G. Dhuriya. Uploaded on :

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19wp28.07.2016

M/S Jyoti and Surendra Developers Pvt. Ltd. through Its Director, Shri Surendra Mohan Khurana v. the Appropriate Authority, Income Tax Department, Ahmedabad and Others

Case brief

What is this about?

What did the court decide?

M/S Jyoti and Surendra Developers Pvt. Ltd. through Its Director, Shri Surendra Mohan Khurana v. the Appropriate Authority, Income Tax Department, Ahmedabad and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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