HiGH COURT OF CHHATTISGARH AT BILASPUR ^ DIVISION BENCH q iLE SHRi RAJEEV GUPTA, CJ. HON'BLE SHRi SUNJL KUMAR SINHA. J. Applicants 1 Union of India, through the Secretarv, Government of India, Department of Revenue, Ministry of Revenue, North Siock, New Delhi. 2 . The Central Board of Direct Taxes, through the Chairman, Ministr/ of Finance, Department of Revenue, North Block, New Delhl. 3 The Principal Chief Controlier of Accounts, Central Board of Direct Taxes, IXth Floor, Lok Nayak Bhawan, Khan Market, New Delhi. 4 The Addiiionai Commissioner of Income Tax, Range - I, Central Revenue BuHding, Civil Llnes, Raipur, Chhattisaarh. The Assistant Commissioner of Income Tax, Circle Bhiiai, Aayakar Bhawan, Civic Centre, Bhilai, District Durg, Chhattisgarh Shri GP Ghore, S/o Late Shri Ghore, aged about 52 years, income Tax Officer, Ward - !, Bhilai, R/o. Qr. No. 7/A, Street-46, Sector-10, Bhilal, District Durg, Chhattisgarh. P.S. Rao, S/o Late Shri Sitaramayy'a, aged about 48 years, incomeTax Officer, Ward-2, Bhilai, R/o Qr. No. 5/A, Street-45, Sector-10 Bhilai, District, Durg, Madhya Pradesh. Shri G.N. Singh, S/o. Shri I.J. Singh, aged about 35 years, Income Tax ^1 Officer, Ward-3, Bhilai, R/o Qr. No. 8/A, Street-40, Sector-5, Bhitei, Dtstrtet Durg, Chhattisgarh. 4. Shri V. Ramteke, S/o Shri B. Ramteke, aged about 52 years, Income Tax Officer, ITO (TDS), Bhilai, Qr. No. 2/A, Street-i, Sector No.8, Bhiiai, District Durg, Chhattisgarh. 5. Shri T.A. Rajakrishnan, S/o Late Shri T.P. Audappan, aged abou{ 49 years, Income Tax Officer, Ward-Dhamtari, R/o. Qr. No. 8/C, Street-36, Sector No. 9, Bhilai, District Durg, Chhattisgarh. D.H. Samre, S/o Shri Hariram Samre, aged about 57 years, Income Tax Officer, Raipur, R/o. Qr. No. 5/A, Street-5, Sector No. 9, Dura, Chhattisaarh. Bhiiai, District 7. 9. 10. Shri L.L. Choubey, S/o Late Shri Jagannath Prasad Choubey, aged about 45 years, Income tax Offjcer, R/o Qr. No. 1/B, Street-24, District, Durg, d! Sector-8, Chhattisgarh. Shri R.S. Choudhary (Charmkar), S/o Late Shri G.R. Choudhary, aged about 50 years, Income Tax Officer, O/o Assistant Commissioner of Income Tax, Gircle Bhilai, R/o. Qr. No. 2/C, Street-3, SectoF-8, Bhiiai, Distrlct Durg, Chhattisgarh. Shri D.R. Nayak, S/o Shri Dewar Ram Nayak, aged about 41 years, Income Tax Inspector, O/o Assistant Commissioner of Income Tax, Circle Bhilai, R/o Qr. No. 1/A, Street-44, Sector 10, Bhilai, District Durg, Chhattisgarh. Shri U.S.S. Nair, S/o. Late Shri C. Raman Nair, aged about 52 years, inspector of Income tax; Raipur, R/o Qr. No. 10/A, Street-9, Sector-10, Bhiiai, District Durg, Chhattisgarh. s &' ^ .»',~? 11 12. 13. 14. 15. 16. 17. V) ^ Shri V.K. Sharma, S/o Shri D.P. Choubey, aged about 51 years, Income Tax Inspector, Raipur, R/o Qr. No. 9/B, Street-41, Sector-10, Bhilai, District Durg, Chhattisgarh. Shri J.D. Sahu, S/o. Late Shri P.R. Sahu, aged • about 49 years, Incoms Tax Inspector, Raipur, R/o Qr. No. 4/D, Street-35, Sector-8, Bhilal, Distrtet Durg, Chhattisgarh. Shri S.M. Sharma, S/o Late Shri U.N. .Sharma, aged about 51 years, Office Superintendent, O/o. The Assistant Commisstoner of income Tax, Circle Bhilai, R/o Qr. No. 3/C, North Park Avenue, Sector-8, Bhiiai, DlaSrict Durg, Chhattisgarh. R. Head Smt. K.M. Daryani, W/o. Shri Daryani, aged about 46 years, Clerk (Assistant) O/o. The Income Tax Officer fTDS), Bhilai, R/o Qr. N0. 1/B, Street-40, Bhilai, District Durg. Chhattisgarh. Smt. S.M. Joshi, W/o Shri M.J. Joshi, aged about 54 years, Head Cierk (Assistant) O/o. The Assistant Commissioner of Income Tax, Clrcle Bhilai, R/o Qr. No. 10/D, Street-SPA, Sector-5, Bhila'i, District Durg, Chhattisgarh. Shri D.K. Maru, S/o Shri J.V. Maru, aged about 47 years, Head CSerk (Assistant) O/o the Assistant Commissioner of income Tax, Circie Bilaspur, R/o. Qr. No. 12/B, Street-29, Sector-7, Bhilai, Distrtet, Chhattisgarh. Durg, Shri Rajendran Nair, S/o. Shri K. Vasudevan Nair, aged about 38 years, Stenographer, O/o The Assistant Commissioner of Income Tax, Circie Bhilai, R/o Qr. No. 6/E, Street-66, Sector-6, Bhilai, District Durg, Chhattisaarh. 4 ^ Smt. Shashi G. Krishna, W/o. Shri R.Gopal Krishna, aged about 32 years, UDC, 0/0. The Assistant Commissloner of income Tax, Circle Bhilai, R/o. Qr. No. 210, Street-15, Sector-8, Bhiiai, Chhattisgarh. UiSlilCi i-iurg, 19. Shri A.K. Tiwari, S/b Shri D.P. Sharma, aged about 51 years, UDC, O/o, The Assistant Commissioner of Income Tax, Cirele Bhilai, R/o. Qr. No. 3/B, Street-14, Sector-8, BhiSai, District Durg, Chhattisgarh. 20. Mohammad Kayyum, S/o Shri Abdul Samad, aged about 46 years LDC O/o. The Assistant Commissioner of Income Tax, Circie Bhiiai, R/o Qr. No. 1/C, StresS-36, SecSor-8, Bhiiai, District Durg, Chhattisgarh. 21. Shri S. Rajeshwara Rao, S/o. Late Shri i.Sndu, aged about 38 years, Stenographer, O/o. The Assistant Commissioner of Income Tax, Circle Bhilai R/o. Qr. No. 10-A/Street No.32, Sector 8-1, Bhiiai, District Durg. Chhattiso.arh. Aoplication for restoration ofW.P. No. 1403/200S Present : Shri Rajeev Shivastava, Standing Counsel for the ^•*; petitioners. •th (15'" Decsrrsber, 2010) The following order of the Court was passed by Rajeev Gupta, C.J. Shri Rajeev Shrivastava, learned Standing Counsel for the petitioners is heard on I.A. No.01/2010, an application for condonation ofthe delay in filina the restoration petition. 2) On due consideratlon of the submissions of learned Standing Counsel for the petitioners and the grounds taken in the apptication, we are satisfied that the petitioners have succeeded in showing sufficient cause for the delay in filing the restoration petition. 3) I.A. No. 01/2010, therefore, is allowed and the detay in filing the restoration petition is hereby condoned. 4) Shri Rajeev Shrivastava, learned Standing Counsel for the petitioners is heard on the restoration petition. 5) The petitioners are seeking restoration of W.P. No.1403 of 2005 which was dismissed for want of prosecution vide order dated 21.07.2009. 6) On due consideration of the submissions of learned Standing Counsel for the petitioners and the grounds taken in the restoration petition, we are satisfied that the absence of the petitioners' counsel on 21.07.2009, when W.P. No.1403 of 2005 was taken up for hearing was based on bonafide grounds. 7) M.C.C. No. 663 of 2010, therefore, is aliowed and W.P.No.1403 of 2005 is restored to its original number. Sd/- Sd/- ChiefJustice Sintaa Judge subbu