ORDER : Harsha Devani, J. 1. Rule. Mr. N.K. Pahwa, learned advocate for the respondent waives service of notice. By this application, the applicant seeks restoration of Tax Appeal (Stamp) No. 1319 of 2004, which came to be dismissed for non-prosecution on account of non-removal of office objections. 2. Heard Mr. R.J. Oza, learned Senior Standing Counsel for the applicant and Mr. N.K. Pahwa, learned advocate for the respondent. 3. Having regard to the submissions advanced by the learned counsel for the respective parties and more particularly, considering the averments made in the memorandum of the application, the Court is of the view that the application deserves to be allowed. 4. The application, therefore, succeeds and is accordingly allowed. Tax Appeal (Stamp) No. 1319 of 2004 is hereby restored to file. Rule is made absolute accordingly with no order as to costs. Registry to list the Tax Appeal for hearing on 23rd September, 2015.