Nma/4562/2006 Of The Commissioner Of Income-Tax-City 25 Mumbai v. M/S. Mistry And Co

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.4562 OF 2006 IN INCOME TAX APPEAL(L)NO.2654 OF 2006 The Commissioner of Income-tax..Appellant city-25Mumbai M/s.Mistry & Co...RespondentMumbai Mr.A.D.Kango & Mr.P.S.Sahadevan, Advocate, forAppellant None for Respondent CORAM : F.I.REBELLO &R.S.MOHITE,JJ. P.C. .This is a notice of motion for condonationof 21 days delay in preferring the main appeal. Wehave perused the affidavit in support. Taking intoaccount 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. Officeto number the appeal and list the same foradmission. 2.It is made clear that if this notice ofmotion has not been properly served on therespondent then the respondent will have liberty tomove this Court for re-call of this order. 3.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.)