Mumbai v. M/S. J. B. Textile Industries

IN THE HIGH COURT OF JUDICATURE AT BOMBAY VPH ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION No. 2649 OF 2008 IN INCOME TAX APPEAL No. 828 OF 2007 The Commissioner of Income-Tax, Appellant 8-Mumbai Vs M/s. J. B. Textile Industries ... Respondent Pvt. Ltd. Mr. Suresh Kumar, for the appellant. Ms. Pooja Narula, Director of the respondent Company. CORAM: Dr. S. RADHAKRISHNAN, & V. C. DAGA, JJ. DATED: DECEMBER 17, 2008. P.C.: ---- . Heard the learned counsel for the appellant and Ms. Pooja Narula, the authorised representative on behalf of the respondent Company. She tendered before us Board Resolution dated 22nd November 2008 whereby she has been authorised on behalf of the respondent Company to appear before us. By the present Notice of Motion, the appellant is seeking recall of our order dated 25th June 2008 by which the above Appeal was dismissed on the ground that though the delay in filing the appeal was condoned as far - 2 - back as on 4th June 2007 and the appeal was numbered on 16th August 2007, till 25th June 2008 i.e. after lapse of almost 11 months no steps were taken to serve the respondent whose office is in Vile Parle Mumbai. In view of the aforesaid utter negligence, the above appeal is dismissed. 2. The order passed was on 25th June 2008, the present Notice of Motion has been taken out on 28th July 2008, merely stating that the concerned officer was under the belief that the Appeal along with Notice of Motion have been served on the respondent. Having regards to the facts and circumstances of the case, we are not at all satisfied with reasons given in paragraph 5 of the affidavit in support of Notice of Motion. No sufficient cause is made out for recall of our order dated 25th June, 2007. In the result, Notice of Motion is dismissed. Sd/- Sd/- [ V.C. DAGA, J.] [ Dr. S. RADHAKRISHNAN, J.]