S. K. Pansari vs. Union Of INDIA
Held
The Court considered the prayer for restoration of the MCC. Being satisfied that the applicant had shown sufficient cause for the non-appearance of their counsel on the previous date of hearing, the Court decided to recall the order dated 04.09.2018, which had dismissed the appeal for want of prosecution. Consequently, the Writ Appeal was restored to its original number. The MCC was accordingly disposed of, indicating that the procedural hurdle of dismissal for non-prosecution was removed, and the case would proceed further. No decision was made on the substantive issues of the case, as the restoration was purely procedural.
Facts
The applicant, S. K. Pansari, proprietor of M/s Monu Steels, filed an MCC (Miscellaneous Civil Case) No. 699 of 2018 before the High Court of Chhattisgarh, Bilaspur. The respondent was the Union of India, through the Principal Commissioner, Central Tax, Central Excise and Customs, Central GST Building, Raipur. The case was listed for hearing on 04.09.2018, on which date it was dismissed for want of prosecution due to the non-appearance of the applicant's counsel. The applicant subsequently filed a prayer for restoration of the appeal, showing sufficient cause for the earlier non-appearance.
Key Issues
1. Whether sufficient cause has been shown by the applicant for the non-appearance of their counsel on 04.09.2018, leading to the dismissal of the MCC for want of prosecution. Contentions: Petitioner/Appellant: The applicant argued that there was a "sufficient cause" for the non-appearance of their counsel, implying that the dismissal was an error and the case should be heard on its merits. The specific nature of the cause was not detailed in the provided text but was accepted by the Court. Respondent/State: No arguments were recorded for the respondent/State in the provided judgment.
AI-generated summary — verify with the full judgment below
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCC No. 699 of 2018 S. K. Pansari S/o Late Shrilal Pansari Aged About 53 Years R/o Tagore Nagar, Raipur, Proprietor, M/s Monu Steels, In Front Of Deshbandhu Complex, Ramsagarpara, Raipur 492001, Chhattisgarh ---- Applicant Versus Union Of India, Through The Principal Commissioner, Central Tax, Central Excise And Customs, Central GST Building, Raipur Chhattisgarh ---- Respondent For Appellant : Ms. Amita Bais, Adv. For Respondent/State : None DB : Hon'ble Shri Justice Manindra Mohan Shrivastava Hon'ble Smt. Justice Rajani Dubey Order On Board by Hon'ble Shri Justice Manindra Mohan Shrivastava 02/11/2018
Heard on prayer for restoration of this application.
Upon due consideration, we are satisfied with the sufficient cause shown for non-appearance of the counsel for the applicant.
Accordingly, the order dated 04.09.2018, dismissing the appeal for want of prosecution is re-called and the Writ Appeal is restored to its original number.
Therefore, MCC is accordingly disposed off. (Manindra Mohan Shrivastava)
(Rajani Dubey) Judge
Judge yasmin
The judgment continues below.
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Reproduced from the public record of the Chhattisgarh High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.