IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2206 of 2006 4 02.03.2009 1. Union of India 2. The Commissioner of Customs, Patna 3. The Assistant Commissioner, Custom Division, Muzaffarpur VERSUS Shri Ram Shankar Maurya C/o M/s Ajay Road Lines (P) Ltd. Sree Manta Market, 5th Floor, Room No.519, A.T.Road, Guwahati-1, Assam ------- Heard learned counsel for the petitioners and perused the order dated 11.5.2006 passed in Tax Case No.9/2005. Considering the explanation for non-appearance of the counsel on 11.5.2006 and the fact that instead of Tax Case, a Miscellaneous Appeal was maintainable, the order dated 11.5.2006 dismissing the Tax Case No.9/2005 as not maintainable is recalled and learned counsel for the petitioners is permitted to convert Tax Case No.9/2005 into a Miscellaneous Appeal within one week. This application is accordingly disposed of. (Shiva Kirti Singh, J.) (J.N.Singh, J.) sk