Nma/4064/2008 Of The Commissioner Of Income Tax, Mumbai v. M/S. Swati Diamonds, Mumbai

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.4064 OF 2008ININCOME TAX APPEAL (L) NO.179 OF 2008 NOTICE OF MOTION NO.2258 OF 2008 The Commissioner of Income TaxMumbai..AppellantV/s.M/s. Swati DiamondsMumbai..Respondent ALONGWITHNOTICE OF MOTION NO.4094 OF 2008ININCOME TAX APPEAL (L) NO.177 OF 2008 NOTICE OF MOTION NO.2259 OF 2008 The Commissioner of Income TaxMumbai-7..AppellantV/s.M/s. S.M. Suresh & Co.Mumbai-4..Respondent ALONGWITHNOTICE OF MOTION NO.4095 OF 2008ININCOME TAX APPEAL (L) NO.176 OF 2008NOTICE OF MOTION NO.2260 OF 2008 The Commissioner of Income TaxMumbai-7..AppellantV/s.M/s. S.M. Suresh & Co.Mumbai-4..Respondent ALONGWIGHNOTICE OF MOTION NO.4096 OF 2008ININCOME TAX APPEAL (L) NO.178 OF 2008NOTICE OF MOTION NO.2261 OF 2008 The Commissioner of Income TaxMumbai-7..AppellantV/s.M/s. S.M. Suresh & Co. Mumbai-4 ..Respondent Mrs. Anuradha Mane for AppellantNone for Respondent CORAM : F.I. REBELLO &R.S. MOHITE, JJDATED : 7TH JANUARY, 2009. P.C.:1.These motions are taken out for recalling theorder dated 22.10.2008. We have perused the orderdated 22.10.2008 more specifically paragraph No. 7.It is clear that the word "dismiss" was thetypographical error. If the entire paragraph is readin proper text it ought to be "allowed". Consideringthe above, notices of motions made absolute in terms ofprayer clause (a). Appeal be restored to file. 2.On behalf of the appellant, learned Counselmakes a statement that the costs has been deposited. 3.The appellants are directed as a conditionprecedent to file proper Vakalatnama within a period oftwo weeks from today. ( F.I. REBELLO,J)