Nma/4526/2006 Of Dilip Gajanan Shintre v. Income Tax Officer Pune And Ors

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARYORIGINAL CIVIL JURISDICTION IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY NOTICE OF MOTION NO.4526 OF 2006 NOTICE OF MOTION NO.4526 OF 2006 IN IN INCOME TAX APPEAL (LODG) NO.1888 OF 2006 INCOME TAX APPEAL (LODG) NO.1888 OF 2006 Dilip Gajanan Shintre ..Appellant. V/s. Income Tax Officer, Pune & Ors. ..Respondents. Mr.Ajay A. Joshi for appellant. Mr.P.S.Sahadevan for respondents. CORAM : DR. S.RADHAKRISHNAN AND J.P.DEVADHAR, JJ. DATED : 16TH APRIL, 2008. P.C. :- 1. Heard learned counsel for the appellant and the learned counsel for the respondent. By this Notice of Motion, the appellant is seeking condonation of 1155 days delay in filing the above appeal. Perused the affidavit filed in support of the Notice of Motion. It appears that the appellant had wrongly approached the Civil Appellate Side of this Court by filing First Appeal (St) No.24414 of 2004 with Civil Application No. 50076 of 2005 and finally this Court by an order dated 21st August, 2006 allowed the appellant to withdraw the said appeal along with the Civil Application with liberty to file appropriate proceedings. Hence the present Notice of Motion with Income Tax Appeal is filed on 26/12/2006. Having regard to the aforesaid facts and circumstances of the case and in view of the bonafide mistake, we are inclined to condone the delay. Notice of Motion is made absolute in terms of prayer clause (a). Appeal be numbered. 2. Place the appeal on board for hearing in July, 2008. 3. Notice of Motion is disposed of accordingly with no order as to costs. (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.)(DR.S.RADHAKRISHNAN, J.) (J.P. DEVADHAR, J.) (DR.S.RADHAKRISHNAN, J.)