Nma/8/2006 Of The Director Of Income-Tax-(Exemtion) v. National Health And Education Society

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.8 OF 2006 IN INCOME TAX APPEAL(L)NO.1827 OF 2005 The Director of Income-Tax(Exemption) ..Appellant Mumbai V/s. National Health & Education Society..Respondent Mr.R.G.Bhat with Mr.P.S.Sahadevan. Advocate, forAppellant Mr.Y.P.Trivedi, Senior Counsel with Usha Dalal,Advocate, for Respondent DATE : 4TH FEBRUARY, 2008 P.C. .This is a Notice of Motion for condoning adelay of 565 days in filing of the main appeal. Onperusal of the affidavit in support it is seen thatlast date for filing the main appeal was 11[th] June,2004 but the same was filed on 28[th] December, 2005.It is further seen that the file was sent to theLaw Ministry by Judicial for drafting an appealmemo on 6[th] May, 2004 and the draft was received on24[th] March, 2005. This delay of ten months cannot be said to be reasonable. Since cause shown doesnot amount to sufficient cause and hence, Notice ofMotion stands dismissed. (R.S.MOHITE, J.) (F.I.REBELLO, J.)