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2023 (1) TMI 347

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..... in this disposed of petition nor can this be done. The Court virtually has become functus-officio and again, the attention of the Court ought to have been drawn at the relevant point of time to this aspect. Noticing the fact that it was a covid time and the matter was being proceeded through the video conference coupled with the fact that the petitioner no.3 had already preferred the petition before this Court in MUMTAZBIBI YUSUFKHAN RANGAWALA VERSUS UNION OF INDIA [ 2021 (6) TMI 1128 - GUJARAT HIGH COURT] which was permitted to be withdrawn for him to be impleaded as a party for seeking the prayers against the respondent, so as not to render the petitioner vulnerable and remediless, we deem it appropriate to permit her to revive the .....

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..... filed declaration under the said scheme and on 19.12.2019, the declaration of the applicant no.1 was rejected by the respondents which filed Special Civil Application No. 23250/2019. 2.1 Thereafter, on 17.01.2020, the applicant no.2 s declaration was rejected by the respondents and the applicant no.3 preferred writ petition being Special Civil Application No. 6525/2021. With a view to prefer appropriate application in Special Civil Application No. 23250/2019, the Special Civil Application No. 6525/2021 was preferred by the applicant. However, the applicant did not press the petition with a view to file appropriate application in Special Civil Application No. 23250/2019 filed by the partnership firm in which the applicant no.3 is a partn .....

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..... setting aside the order dated 28.11.2019 and 19.12.2019. The matter has been remitted to the respondent for it to accept the form of declaration under the category of litigation sub-category SCN involving duty pending and undertake the process of verification through the designated committee. The entire exercise was directed to be undertaken expeditiously. 6.1. By way of the present application, the grievance is made by the applicant that he, on one had, was asking to implead himself in Special Civil Application No. 23250/2019 and therefore, he had sought the withdrawn of his matter being Special Civil Application No. 6525/2021 and on the other hand, in the final operative order, the present applicant who is otherwise the petitioner .....

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..... nt point of time to this aspect. 9. Noticing the fact that it was a covid time and the matter was being proceeded through the video conference coupled with the fact that the petitioner no.3 had already preferred the petition before this Court being Special Civil Application No. 6525/2021 which was permitted to be withdrawn for him to be impleaded as a party for seeking the prayers against the respondent, so as not to render the petitioner vulnerable and remediless, we deem it appropriate to permit her to revive the petition which was, in particular, preferred by her being Special Civil Application No. 6525/2021. 9.1. Once revived, the office shall place it for hearing in about a week s time before the concerned Bench. 10. The prese .....

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