The Gauhati High Court closed the writ petitions due to the absence of the petitioner and no newly engaged counsel appearing before the court, deeming the clients no longer interested. Liberty is granted to approach the court if cause of action survives.
Petitions closed; liberty granted to approach the Court if cause of action survives.
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GAHC010010532017
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 297/2017
1:M/S THE CONTOUR HOTEL
A.S.T.C. COMPLEX, K.C. SEN ROAD, PALTANBAZAR, GUWAHATI-781008 A UNIT OF GHOSH BROTHERS MOTORS PVT. LTD., REPRESENTED BY ITS DIRECTOR SRI PRATUL KUMAR GHOSH, S/O SRI PRANAB KUMAR GHOSH, R/O SONY APARTMENT, BARTHAKUR MILL ROAD, ULUBARI, GUWAHATI7
VERSUS
1:THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE SECY. TO THE GOVT. OF ASSAM, FINANCE TAXATION DEPTT., DISPUR, GUWAHATI-6
2:THE COMMISSIONER OF TAXES ASSAM KAR BHAWAN DISPUR GHY.-06.
3:THE ASSTT. COMMISSIONER OF TAXES GHY. UNIT-C NEW KAR BHAWAN DISPUR GHY.-06.
4:THE SUPDT. OF TAXES GHY. UNIT-C NEW KAR BHAWAN DISPUR GHY.-06.
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5:CERTIFICATE OFFICER TAXATION KAMRUP NEW KAR BHAWAN DISPUR GHY.-06
Advocate for the Petitioner :
Advocate for the Respondent :
Linked Case : WP(C) 299/2017 1:M/S THE CONTOUR HOTEL A.S.T.C. COMPLEX K.C. SEN ROAD PALTANBAZAR GHY.-781008 A UNIT OF GHOSH BROTHERS MOTORS PVT. LTD. REP. BY ITS DIRECTOR SRI PRATUL KUMAR GHOSH S/O. SRI PRANAB KUMAR GHOSH R/O. SONY APARTMENT BARTHAKUR MILL ROAD ULUBARI GHY.-07. VERSUS 1:THE STATE OF ASSAM AND 4 ORS REP. BY THE SECRETARY TO THE GOVT. OF ASSAM FINANCE TAXATION DEPTT. DISPUR GHY.-06. 2:THE COMMISSIONER OF TAXES ASSAM KAR BHAWAN DISPUR GHY.-06. 3:THE ASSTT. COMMISSIONER OF TAXES GHY. UNIT-C NEW KAR BHAWAN DISPUR GHY.-06.
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4:THE SUPDT. OF TAXES
GHY. UNIT-C NEW KAR BHAWAN DISPUR GHY.-06. 5:CERTIFICATE OFFICER TAXATION KAMRUP NEW KAR BHAWAN DISPUR GHY.-06.
Advocate for the Petitioner : MR.A TODI Advocate for the Respondent :
Linked Case : WP(C) 298/2017
1:M/S THE CONTOUR HOTEL A.S.T.C. COMPLEX K.C. SEN ROAD PALTANBAZAR GHY.-781008 A UNIT OF GHOSH BROTHERS MOTORS PVT. LTD. REP. BY ITS DIRECTOR SRI PRATUL KUMAR GHOSH S/O. SRI PRANAB KUMAR GHOSH R/O. SONY APARTMENT BARTHAKUR MILL ROAD ULUBARI GHY.-07. VERSUS 1:THE STATE OF ASSAM AND 4 ORS REP. BY THE SECRETARY TO THE GOVT. OF ASSAM FINANCE TAXATION DEPTT. DISPUR GHY.-06.
2:THE COMMISSIONER OF TAXES ASSAM KAR BHAWAN DISPUR GHY.-06.
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3:THE ASSTT. COMMISSIONER OF TAXES GHY. UNIT-C NEW KAR BHAWAN DISPUR GHY.-06. 4:THE SUPDT. OF TAXES GHY. UNIT-C NEW KAR BHAWAN DISPUR GHY.-06. 5:CERTIFICATE OFFICER TAXATION KAMRUP NEW KAR BHAWAN DISPUR GHY.-06. Advocate for the Petitioner : DR.B P TODI Advocate for the Respondent :
BEFORE HONOURABLE MR. JUSTICE N. KOTISWAR SINGH
ORDER
Date : 26-02-2020
It is submitted by the learned counsel for the petitioners that the petitioners had taken the files/brief from the learned counsel for the petitioners and they are no more the conducting counsel.
If a client takes away the brief from an Advocate, it is his responsibility to engage another counsel unless he chooses to appear himself in person before the Court failing which the Court has no responsibility to inform the client about the continuation of the case. If the client fails to engage any counsel or fails to appear before the Court in person, it will be deemed that the client is no more interested to continue the case, as in the present case. Neither the petitioners nor any newly engaged counsel appear.
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In that view of the matter, the petitions are closed.
However, the petitioners will be at liberty to approach this Court if cause of action still
survives.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the writ petitions should be closed in absence of appearance by petitioner or newly engaged counsel.
M/S THE CONTOUR HOTEL A UNIT OF GHOSH BROTHERS MOTORS PVT. LTD.
THE STATE OF ASSAM
THE COMMISSIONER OF TAXES ASSAM
THE ASSTT. COMMISSIONER OF TAXES GHY.
THE SUPDT. OF TAXES GHY.
CERTIFICATE OFFICER TAXATION KAMRUP
N. KOTISWAR SINGH
As recorded by the court registry
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