Nma/69/2006 Of Commissionr Of Income-Tax-Ii,Mum v. M/S. Venus Continental

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.69 OF 2006 ININCOME TAX APPEAL(L)NO.1811 OF 2005 The Commissioner of Income Tax..Appellant Mumbai M/s.Venus Continental..RespondentMumbai Mr.R.Asokan with Mr.A.D.Kango,Advocate, forAppellant None for Respondent CORAM : F.I.REBELLO &R.S.MOHITE,JJ. P.C. .This is a notice of motion for condonationof 256 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.2500/- 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.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.)