1 nms-2392.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2392 OF 2010 IN CUSTOMS REFERENCE NO. 2 OF 2010 D.S.Kothari Hospital. ... Applicant. V/s. Union of India and others. ... Respondents. Jitendra Jain with Ms.Jyoti Bhavsar i/b. Shah & Sanghvi for the applicant. R.B.Pardeshi for the respondents. CORAM : V.C.DAGA AND R.M.SAVANT, JJ. DATED : 15th September 2010. P.C. : Heard learned counsel for the rival parties. Perused notice of motion. 2. By this motion the applicant is seeking to set aside the order dated 17th August, 2010 returning the Reference for want of prosecution and restoration of Reference Application. Learned counsel for the applicant has relied upon the judgment of the Apex Court in the case 2 nms-2392.10 of Jaipur Mineral Development Syndicate v. C.I.T., (1977) 106 ITR 653 (SC); wherein the parimateria provision of the Indian Income Tax Act, 1922 was involved. The Apex Court was pleased to hold that inherent power to recall earlier order, if sufficient cause is shown, can be exercised by the High Court. 3. Following the law laid down by the Apex Court and having satisfied with the sufficient cause shown by the applicant, order dated 17th August, 2010 stands recalled. Reference application is restored to file. Registry is directed to place the reference application for hearing. 4. Notice of motion is made absolute in terms of prayer clause (a) with no order as to costs. (R.M.SAVANT, J.) (V.C.DAGA J.)