Nma/387/2018 Of Pr.commissioner Of Income Tax-5 v. M/S.shreepati Infra Realty Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 387 OF 2018 ININCOME TAX APPEAL NO. 1251 OF 2015 The Pr. Commissioner of Income Tax-5Mumbai .. Applicant In the matter bewteen The Pr. Commissioner of Income Tax-5Mumbai .. Appellant v/s. Shreepati Infra Realty Ltd. ..Respondent Ms. Padma Divakar for the applicant / orig. appellant Ms. Nupur Desai i/b Markand Gandhi & Co. for the respondent CORAM : M.S. SANKLECHA & SANDEEP K. SHINDE, J.J. DATED : 8[th] JUNE, 2018. P.C. 1.This application has been taken out to recall the order dated 29[th ]November, 2017 passed by this Court dismissing the appeal for non-prosecution. This application also seeks condonation of 5 days delay in filing this motion. 2.On 29[th] November, 2017, when this appeal was dismissed for non-prosecution, the advocate who was briefed by the Revenue was on leave as is indicated by her letters dated 3[rd] November, 2017 and 7[th ] 387-18-NMA-9=.doc November, 2017 to the Officers of the Department. However, substitute arrangements remanied to be done. It was in the aforesaid circumstances, that the appeals remained unattended on 29[th ]November, 2017. 3.We are satisfied with the reasons set out in the affidavit-in-support and allowed the Notice of Motion in term of prayer clauses (a) and (b). (SANDEEP K. SHINDE J.) (M.S. SANKLECHA, J.)