Nma/2740/2010 Of The Commissioner Of Income Tax-2, Mumbai v. M/S. Tata Industries Ltd., Mumbai

PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION ... Appellant v/s. M/s.Tata Industries Ltd.... Respondent Mr.Vimal Gupta for Appellant.Mr.Ajit Shah i/by Mr.C.D. G�more & Ms.S.M.Iyer for Respondent.------ CORAM : J.P. DEVADHAR & SMT.ROSHAN DALVI, JJ.DATED : 8[th] March 2011 P.C. : 1.By this Notice of Motion, condonation of delay of 200 days in taking out the Notice of Motion is prayed. In this case, conditional order was passed on 6[th] of July 2009, directing the Appellant to remove office objections within the stipulated time. The Appellant failed to remove the office objections within the stipulated time. Extension of time was granted on 3[rd ]of August 2009 and again on 31[st] August 2009. In spite of two extensions granted, the Appellant failed and neglected to remove the office objections. In these circumstances, the Appeal was finally dismissed for non-removal of office objections on 9[th] February 2010. Thereafter the present Notice of Motion is taken out belatedly on 27[th] of September 2010. The explanation given in the Affidavit-in-support of the Notice of Motion is wholly unsatisfactory. However, in view of the fact that similar questions raised in other Appeals have already been admitted by this Court, we condone the delay subject to payment of costs of Rs.5,000/- to be paid to the Respondent within a period of two weeks from today. If the amount is not paid within two weeks from today, the Notice of Motion to stand dismissed without reference to Court. 2.The Appellant shall remove the office objections within one week from today.one week from today. 3.The Notice of Motion is disposed of accordingly. (SMT.ROSHAN DALVI, J.) (J.P. DEVADHAR, J.)