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2015 (12) TMI 1138 - GUJARAT HIGH COURT

2015 (12) TMI 1138 - GUJARAT HIGH COURT - TMI - Auction of petitioner's property - Held that:- in respect of the dismissal of the appeal on the ground of limitation, the petitioner has moved an application for restoration, which is still pending before the concerned authority. During the pendency of the said application, the respondents have resorted to auction of the properties of the petitioner. Under the circumstances, the interests of justice would be met if the second respondent, Deputy Com .....

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15 - Dated:- 8-12-2015 - Harsha Devani And A. G. Uraizee , JJ. For the Appellant : Mr Premal S Rachh, Adv For the Respondent : Mr Bhargav Pandya, Assistant Government Pleader ORDER ( Per : Honourable Ms. Justice Harsha Devani ) 1. This petition under Article 226 of the Constitution of India is directed against the order dated 27th March, 2007 passed by the Commercial Tax Officer, Dhoraji as well as notice dated 23rd July, 2015 issued by Respondent No.1 whereby the properties of the petitioner ha .....

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respondent on 18th July, 2012 which came to be dismissed by the order dated 28th November, 2013 on the ground of being barred by limitation. The petitioner has thereafter, moved an application for restoration of the appeal on 29th January, 2014, which is pending before the concerned authority. The petitioner had not filed any application for condonation of delay in moving the restoration application along with restoration application. In the meanwhile, on account of the public notice issued by t .....

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