2013 (9) TMI 931

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..... Heard learned Advocate Mr. Gaurang Bhatt for the applicant. 2. The present application is filed seeking condonation of delay of 425 days in filing a restoration application being O.J. Misc. Civil Application No. (st.) 739 of 2012. That O.J.M.C.A. was filed by the applicant as the main Tax Appeal No. 2579 of 2010 came to be dismissed by order dated 15th December, 2010 as the applicant-appellant .....

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..... ax Appeal was, therefore, dismissed even before it could be considered for admission by the Court. Therefore there was no question of other side appearing in the matter. The other side was not given any notice and appeal was dismissed at the stage of removal of office objection. 5. In the above circumstances, the Civil Application is allowed. Delay of 425 days in preferring O.J.M.C.A. No. (Stamp) .....

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