Nma/4373/2006 Of The Commissioner Of Income Tax-5, Mumbai v. M/S. West Coast Builders Pvt. Ltd. Mumbai

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.4373 OF 2006 ININCOME TAX APPEAL(L)NO.2607 OF 2006 The Commissioner of Income Tax-5..Appellant Mumbai V/s. M/s.West Coast Builders Pvt.Ltd...RespondentMumbai Mr.P.S.Sahadevan, Advocate, for Appellant Mr.J.D.Mistry with Mr.Raj Darak, Advocate, forRespondent CORAM : F.I.REBELLO &R.S.MOHITE,JJ. P.C. .This is a notice of motion for condonationof 233 days delay in preferring the main appeal.We have perused the affidavit in support. Takinginto account the facts stated in the affidavit insupport, we propose to accept the cause shown forcondonation of delay subject to levy of costs.Notice of motion is therefore, allowed and thedelay in filing the appeal stands condoned subjectto payment of costs of Rs.5000/- which is to be paid directly to the respondent within a period offour weeks from today. Office to number the appealand list the same for admission. 2.Though we have condoned the delay, theappellant is directed to remove the officeobjections, if any, within four weeks from todayfailing which appeal to stand dismissed for nonprosecution without further reference to the court. (R.S.MOHITE, J.) (F.I.REBELLO, J.)