Mumbai v. M/S. Vandana Properties, Mumbai

dmt IN THE HIGH COURT OF JDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTIONNOTICE OF MOTION NO. 3303 OF 2010 IN INCOME TAX APPEAL NO. 4361 OF 2010 The Commissioner of Income-Tax-25, Mumbai. ..Appellant. Vs.M/s. Vandana Properties,Mumbai...Respondent. Mr. Suresh Kumar with Snehitra Kamble for the Appellant.Mr. Atul K. Jasani for Respondent. CORAM : J.P. DEVADHAR AND A.A. SAYED, JJ. DATE : 19TH APRIL, 2011. P.C. 1.This notice of motion is taken out for seeking condonation of delay of 379 days in taking out the motion for setting aside the order passed by this Court on 16.10.2009. 2.Perusal of the affidavit in support of the notice of motion shows that the explanation given for the delay cannot be said to be a sufficient cause shown for condonation of delay. However, looking to the stake involved in this case, in our opinion, the interest of justice would be met if the delay is condoned subject to the payment of costs. Accordingly, the notice of motion is made absolute in terms of prayer (a) subject to payment of costs of Rs. 3000/- to be paid to the respondent within a period of two weeks from today. If the amount is paid within two weeks from today, appeal shall stand restored and the appellant shall remove the objections within one week therefrom failing which the appeal shall stand dismissed without reference to Court. ( A.A. SAYED, J. ) (J.P. DEVADHAR, J.)