Nma/3221/2005 Of The Commissioner Of Income-Tax,Mcity-12,Mum v. Estate Of Late Mrs Aparna P.trivedi

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3221 OF 2005IN INCOME TAX APPEAL(L)NO.1327 OF 2005 The Commissioner of Income-tax,..Appellant Mumbai V/s. Estate of Late Mrs.Aparna P. Trivedi ..RespondentMumbai Mr.A.S.Rao and Mr.P.S.Sahadevan, Advocate, forAppellant Mr.Keshav B. Bhujle, Advocate,for Respondent CORAM : F.I.REBELLO & DATE : 5TH FEBRUARY, 2008 P.C. .This is a Notice of Motion for condoning a delay of 257 days in filing of the main appeal.Perusal of the affidavit in support indicates thatthe file was sent to the Ministry of Law fordrafting an appeal memo on 1[st] February, 2005 andthe appeal was filed on 16[th] September, 2005. Thedelay between 1[st] February, 2005 and 16[th] September, 2 2005 has not been properly explained. The last date for filing the appeal was 7[th] February, 2005. In our view, therefore, the cause shown does not amount to sufficient cause and hence, the Notice ofMotion stands dismissed.Motion stands dismissed. (R.S.MOHITE, J.) (F.I.REBELLO, J.)