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2023 Supreme(Del) 3539

RAJIV SHAKDHER, GIRISH KATHPALIA
Ritu Jain – Appellant
Versus
Income Tax Officer Ward 28 1 – Respondent


Advocates appeared:
Ms Mitika Choudhary, Advocate, for the Petitioner.
Mr Abhishek Maratha, Sr Standing Counsel with Mr Akshat Singh, Jr Standing Counsel, for the Respondent.

JUDGMENT

Rajiv Shakdher, J. (Oral)

CM No.39164/2023

1. Allowed, subject to just exceptions.

CM No. 39129/2023

2. This is an application filed seeking recall of order dated 30.05.2023.

3. A perusal of the order would show that the petitioner's counsel, i.e., Ms Mitika Choudhary, had made a submission before the Court that she has instruction to withdraw the writ petition, as the assessment order has been passed.

4. Since liberty was sought to take recourse to an appropriate remedy as per law, leeway in that behalf was granted.

5. It is not disputed by Ms Choudhary that since the order dated 30.05.2023 being passed, a statutory appeal has been preferred.

6. In our view, this application is completely without merit.

7. The same is, accordingly, dismissed.

8. Parties will act based on the digitally signed copy of the order.

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