Application filed by the Department for restoration of an appeal dismissed for default. The court denied time and dismissed the application due to inaction over defects for over three years.
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CMAPL No.388 of 2016
This application has been filed by the petitionerDepartment for restoration of the appeal i.e. ITA No.100 of 2005 which was dismissed for default.
Learned Standing Counsel for the petitionerDepartment requests for time.
It appears that this application was filed in the year 2016 and in the meantime more than three years have elapsed. Defect pointed out by the Office has not yet been removed by learned counsel for the petitioner.
In view of the above, we are not inclined to adjourn the matter further. Hence, this CMAPL stands dismissed for default.
.……..........………… ( K.S. Jhaveri ) Chief Justice
……………….…….. ( K.R. Mohapatra ) Judge
SKG
Department
K.S. Jhaveri
K.R. Mohapatra
As recorded by the court registry
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