In The Matter Between v. Indian Oil Corporation Ltd. …

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTIONNOTICE OF MOTION NO. 241 OF 2019 IN INCOME TAX APPEAL(L) NO. 1276 OF 2014Pr. Commissioner of Income Tax-14,Mumbai.…Applicant. In the matter between Pr. Commissioner of Income Tax-10.…Appellant.VersusIndian Oil Corporation Ltd.…Respondent Respondent Mr. Arvind Pinto, advocate for applicant. Mr. Atul Jesani, advocate for respondent. CORAM : AKIL KURESHI &S.J. KATHAWALLA, JJ. DATE : 29TH JULY, 2019. P.C.: 1.This Motion is taken out for restoration of the IncomeTax Appeal, which came to be dismissed for non-removal of theoffice objections. There is considerable delay in filing this Motion.The prayer is therefore, made for condonation of the said delay. 2 Having heard the learned Counsel for the parties, in the larger interest of justice, Income Tax Appeal is restored to file, aftercondoning the delay. 3 All office objections shall be removed within 2 weeks from today, failing which the Income Tax Appeal shall standdismissed for default without further reference to the court. 4Looking to the gross delay, the applicant shall pay costof Rs. 25,000/- to the respondent. 5The Notice of Motion is allowed on the above terms anddisposed of accordingly. ( S.J.KATHAWALLA, J. ) ( AKIL KURESHI, J.)