Mr. Arvind Pinto For Applicant/Appellant. Mr v. Abhay Ahuja, Jj

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 665 OF 2020 IN INCOME TAX APPEAL NO. 470 OF 2017 The Principal Commissioner of Income Tax 32 ….Applicant/Appellant V/s. Vishnu Enterprises …Respondent ---- Mr. Arvind Pinto for Applicant/Appellant. Mr. V. S. Hadade for Respondent. ---- CORAM : K.R. SHRIRAM &ABHAY AHUJA, JJ. DATED : 9[th] AUGUST 2021 ABHAY AHUJA, JJ. P.C. : 1.The application today is to restore the appeal that came to bedismissed for default on 16/04/2019 after condoning the delay in taking out this application. Mr. Hadade for respondent, at the outset, raised a grievancethat he has not been served a copy of this application and he was not servedeven copy of the appeal earlier. Mr. Hadade states that if the court isinclined to restore the appeal then, applicant should be saddled with cost.Respondent should be given an opportunity to file a reply to the appeal aswell. 2.Having considered the application and heard Mr. Pinto, we areinclined to allow the application and restore the appeal subject to applicantpaying cost in the sum of Rs.5,000/- (Rupee Five Thousand Only) by way of donation to High Court Legal Aid Fund, Account No.60045304283, IFSC- of the Bank Of Maharashtra, Branch – Fort, Mumbai – 400032, maintained by the High Court Legal Services Committee, Mumbai,Room No.105, 1st Floor, PWD Building, High Court, Mumbai and to furnishthe details of such cost to the High Court Legal Services Committee, Mumbaiand obtain the receipt thereof physically or through Email, i.e., which shall be the proof of such payment/deposit. This amount shall be paid within three weeks and if the amount isnot paid, the appeal will stand dismissed without further reference to thiscourt. 3.Application accordingly stands disposed. 4.Office objections to be removed within two weeks from today,failing which, the appeal will stand dismissed without further reference tothis court. 5.Appeal be listed for admission alongwith Appeal No.945 of 2017. (ABHAY AHUJA, J.) (K.R. SHRIRAM, J.)