(Per : HONOURABLE MR.JUSTICE V. M. SAHAI)
1. We have heard learned counsel Mr.M.R.Bhatt for the appellants and learned counsel Mr.N.D.Nanavati assisted by learned advocate Mr.Nirzar Desai for the respondents.
2. This Letters Patent Appeal has been filed challenging the order of learned Single Judge dated 26.11.2010 passed in Special Civil Application No.7538 of 2010 and order dated 26.08.2011 passed by learned Single Judge in Misc.Civil Application No.666 of 2011.
3. The tribunal has allowed the application filed under the Right to Information Act, 2005 filed by the respondent - original petitioner and has permitted the five years balance sheets be provided to the petitioner. So far as interim relief for income tax return was concerned, it was denied. The learned Single Judge by his judgment dated 26.11.2010 disposed of Special Civil Application No.7538 of 2010 by directing that five years income-tax return be provided to the original petitioner, but in the order it was transcribed that five years balance sheets be provided to the original petitioner and, therefore, the review application was filed by the original petitioner - respondent No.1 herein and the mistake has been corrected in the review petition and five years income-tax returns is to be provided to the original petitioner along with assessment orders.
4. Having heard learned counsel appearing for the respective parties, we do not find any illegality in the impugned order passed by the learned Single Judge, as the learned counsel for the appellant could not point out any provision which bares providing such information under the Right to Information Act, 2005.
5. For the aforesaid reasons, we do not find any merits in this Letters Patent Appeal and the Letters Patent Appeal fails and is accordingly dismissed.
6. Civil Application No.368 of 2012 stands also dismissed.
(V.M.
SAHAI, J.) (A.J.DESAI, J.) syed/ Top