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2015 (7) TMI 687 - DELHI HIGH COURT

2015 (7) TMI 687 - DELHI HIGH COURT - TMI - Abatement and substitution of legal representatives - Held that:- The Court finds that the request made on behalf of the Appellant for further time to file the application for substitution is not justified. It was categorically recorded in the order dated 19th August 2014 that the details of the LRs had already been made available to learned counsel for the Department. If Mr. Sawhney could not after 4th February 2015 get those details for some reason, .....

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7-2015 - S Muralidhar And I S Mehta, JJ. For the Appellant : Mr. Salil Aggarwal with Mr. Shailesh Gupta, Advs. For the Respondent : Mr. Kaman Sawhney, Sr. Standing counsel with Mr. Raghvendra Singh, Jr. Standing counsel and Mr. Naman Nayak and Mr. Shikhar Garg, Advs. ORDER 1. These two appeals were admitted on 9th October 2007 and the questions of law were framed for consideration by the Court. 2. When the appeals were listed on 19th August 2014 with Mr. Rohit Madan, Senior standing counsel appe .....

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('LRs') of the deceased Respondent-Assessee "have been made available to the counsel for the Revenue". The Court noted that this was to enable counsel for the Appellant to file the necessary application for substitution in accordance with law. 4. On 10th November 2014 when the appeals were listed, an adjournment slip was circulated by the Revenue with no objection from the Assessee. Again the Court recorded in its order on that date that "it is stated that Rajesh Vats (Re .....

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Mr. Basabraj Chakraborty appeared on his behalf. The Court then passed the following order in the presence of Mr. Chakraborty: "No application for setting aside the abatement and substitution of legal representatives has been filed despite the previous order; final opportunity is granted in this regard. List on 9th April 2015." 6. The position today is no different. There is no application filed by the Revenue till date for setting aside the abatement of the appeals and substitution o .....

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