9911796707
TMI Blog2017 (10) TMI 180X X X X Extracts X X X X X X X X Extracts X X X X ..... To avoid any controversy involving a senior official of this Court, we deem it fit and proper to set aside the orders of the Prothonotary and Senior Master of restoration of these Appeals and registering them. We place the Revenue's Notices of Motion seeking to quash and set aside the initial order of the Prothonotary and Senior Master invoking Rules 985 and 986 of the Bombay High Court (Original ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Mr. Jhaveri. 2. Although there is a Full Bench judgment in the field with regard to the ambit and scope of powers of the Prothonotary and Senior Master of this Court, particularly under Rules 985 and 986 of the Bombay High Court (Original Side) Rules, 1960, it is common ground that the present Prothonotary and Senior Master of this Court is not a judicial officer. He is not from the hierarchy o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fected routinely or as a matter of course. 4. Though such an affidavitin reply was on record, the complaint of Mr. Jhaveri is that no hearing has been given to the assessee, nor there is any note of the assessee's objections in the ultimate restoration order. Therefore, he has taken a strong exception and objection to Mr. Walve arguing the Appeals on merits even though there are two other A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e initial order of the Prothonotary and Senior Master invoking Rules 985 and 986 of the Bombay High Court (Original Side) Rules, 1960. We post the Chamber Orders of the Revenue and treat them as request to this Court to restore the Appeals to the file for consideration on merits by setting aside the conditional order of the Prothonotary and Senior Master. The request therein is also to condone the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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