The Cit, Mumbai v. Arya Ship Breaking Corporation

IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.559 OF 2007 NOTICE OF MOTION NO.559 OF 2007 NOTICE OF MOTION NO.559 OF 2007 IN IN IN INCOME TAX APPEAL (L) NO.233 OF 2007 INCOME TAX APPEAL (L) NO.233 OF 2007 The CIT, Mumbai .. Appellant Vs. Arya Ship Breaking Corporation .. Respondent Mr.S.M.Shah with Mr.P.S.Sahadevan for Appellant. Mr.J.D.Mistry, Senior Advocate i/b.Mr.A.K.Jasani for the Respondent. CORAM :- DR.S.RADHAKRISHNAN &J.P.DEVADHAR, JJ. CORAM :- DR.S.RADHAKRISHNAN & J.P.DEVADHAR, JJ. DATE : 15th April, 2008 DATE : 15th April, 2008 P.C. P.C. 1. Heard the learned Counsel for the parties. By this Notice of Motion, the Appellant is seeking condonation of 78 days’ delay caused in filing the Appeal. For the reasons stated in the affidavit-in-support of the Notice of Motion, sufficient cause is made out for condonation of delay, and there is no case of inaction, negligence or want of bonafide on the part of the Appellant. Hence, the Notice of Motion is made absolute in terms of prayer clause (a). 2. Place the Appeal on board for admission in the month of June-2008, subject to numbering. (J.P.DEVADHAR, J.) (DR.S.RADHAKRISHNAN,J.) (J.P.DEVADHAR, J.) (DR.S.RADHAKRISHNAN,J.)