1. P.K Devaky vs 1. The Principal Chief ...
2023 Latest Caselaw 8525 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
                                     &
                 THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
           Monday, the 7th day of August 2023 / 16th Sravana, 1945
          CM.APPL.NO.1/2023 IN OP (CAT) NO. 49 OF 2023(FILING NO.)
 OA 884/2017 OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH, ERNAKULAM
APPLICANTS/PETITIONERS

  1. P.K DEVAKY, INCOME TAX INSPECTOR (RETD), 35/71, JAINIVAS,
     ARAVINDAKSHAM LANE, NORTH JANATHA ROAD, PALARIVATTOM, COCHIN , PIN -
     682025
  2. T.R VIJAYAN, INCOME TAX INSPECTOR (RTD), CHITHRALAYAM HOUSE, NO.
     VI/161, TEMPLE ROAD (WEST), PERUMBAVOOR , PIN - 683542

RESPONDENTS/RESPONDENTS:

  1. THE PRINCIPAL, CHIEF COMMISSIONER OF INCOME TAX, CENTRAL REVENUE
     BUILDINGS, I.S PRESS ROAD, KOCHI, PIN - 682018
  2. THE ZONAL ACCOUNTS OFFICER, CENTRAL BOARD OF DIRECT TAXES, KOCHI.,
     PIN - 682018
  3. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT OF INDIA,
     DEPARTMENT OF REVENUE, MINISTRY OF FINANCE, NORTH BLOCK, NEW DELHI,
     PIN - 110001
  4. THE CHAIRMAN, CENTRAL BOARD OF DIRECT TAXES, NORTH BLOCK, NEW DELHI,
     PIN - 110001
  5. THE SECRETARY, DEPARTMENT OF EXPENDITURE , MINISTRY OF FINANCE,
     NORTH BLOCK, NEW DELHI., PIN - 110001

     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to condone the delay
of 20 days in re-presenting the OP(CAT) and render justice.
     This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of SRI.S.ARUN RAJ, Advocate for the petitioners, the court passed the
following:
        ALEXANDER THOMAS & C. JAYACHANDRAN, JJ.

============================================= Unnumb. O. P. (CAT) of 2023 (Filing No. 49 of 2023) (arising out of the impugned final order dated 16.2.2022 in O. A. No. 884/2017 on the file of the CAT, Ekm Bench) & C. M. Appln. No. 1 of 2023 in Unnumb. O. P. (CAT) of 2023 (Filing No. 49 of 2023) ============================================== Dated this the 7th day of August, 2023

JUDGMENT / ORDER

ALEXANDER THOMAS, J.

Sri. S. Arun Raj, learned counsel appearing for the petitioners

submits on the basis of instructions that while uploading the

memorandum of OP(CAT) in the system, inadvertent mistake occurred

whereby the pleadings in respect of another case has been wrongly

uploaded and that, leave may be granted to the petitioners withdraw

the above OP and the application, with liberty to file a proper petition

stating all the correct facts and grounds, etc.

With the said liberty, the above Original Petition and the delay

condonation application will stand dismissed as withdrawn.

Sd/-

ALEXANDER THOMAS, JUDGE

Sd/-

C. JAYACHANDRAN, JUDGE

MMG