Cd Safety And Security Services LLP (Erst. Cd Safety And Security Services PVT. LTD. ) vs. The Principal Commissioner, Central And Excise And Central GST, Mumbai South And Anr
Held
The Court decided to recall the order dismissing the Writ Petition for default. The reasoning was based on the apology tendered by the Petitioner's counsel for not remaining present when the matter was called out, as stated in the application. The Court found this sufficient to restore the Petition to file. The ratio is that an unintentional absence, accompanied by a sincere apology and an undertaking to attend the matter, can be a ground for recalling an order of dismissal for default. The operative direction was to recall the dismissal order and restore the Petition to file, to be listed on a future date.
Facts
The Petitioner, CD Safety & Security & Securities LLP, filed Writ Petition No. 2420 of 2020 before the Bombay High Court. An Interim Application (IA) No. 419 of 2023 was filed by the Petitioner. The Petitioner's counsel sought to recall an order that had dismissed the Writ Petition for default. The reason for the default was the counsel's absence when the matter was called out. The Petitioner's counsel tendered an apology for this absence. The Respondents are the Principal Commissioner, Central & Excise and Central GST, and another authority.
Key Issues
1. Whether the dismissal of the Writ Petition for default should be recalled and the Petition restored to file, considering the apology tendered by the Petitioner's counsel for non-appearance. The Petitioner argued that the absence was unintentional and an apology has been tendered. The Revenue did not appear to have made any specific arguments against the restoration, as the Court proceeded to recall the order based on the Petitioner's submission and apology.
AI-generated summary — verify with the full judgment below
IA 419-23 in WP 2420-20
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 419 OF 2023 IN WRIT PETITION NO. 2420 OF 2020 CD Safety & Security & Securities LLP ...Applicant/Petitioner V/s. The Principal Commissioner, Central & Excise and Central GST and Anr. ...Respondents ---- Ms. Reshma Bhanushali i/b ACE Legal for Applicant/Petitioner. Mr. Vijay Kantharia with Mr. Ram Ochani for Respondents. ---- CORAM : NITIN JAMDAR AND ABHAY AHUJA, JJ. DATE : 20 JANUARY, 2023 P.C. . Heard learned Counsel for the Parties. 2 In view of the apology tendered by the Counsel for the Petitioner as also stated in the application for not remaining present when the matter was called out, the order dismissing the Petition for default is recalled and Petition is restored to file to be listed on Board on 31 January 2023. 3 Learned Counsel for the Petitioner assures that the Petition will be attended to when the matter is listed on Board.
The judgment continues below.
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