IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3267 of 2010 COMMISSIONER OF INCOME TAX, MUZAFFARPUR Versus M/S MASSENA BEEJ PVT., SAMASTI ----------- 02/ 14-Sep-2010 This application has been filed for restoration of M.A. No. 347/2006 which was dismissed at pre admission stage on account of non removal of certain defects within the peremptory time granted by order dated 25.05.2007. From the facts it is clear that the peremptory order was not complied because of inaction on the part of the then counsel appearing for the Commissioner, Income Tax, Muzaffarpur, appellant. Be that as it may, considering all the facts and circumstances, prayer for restoration is allowed on the condition that the defects shall be removed within one week failing which this order shall stand recalled without any further reference to the Bench. perwez ( Shiva Kirti Singh, J.) (Hemant Kumar Srivastava, J.)