The Commissioner Of Income-2 v. M/S. Union Bank Of India

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2948 OF 2011 IN INCOME TAX APPEAL NO.19 OF 2009 The Commissioner of Income-2...Appellant. Vs. M/s. Union Bank of India...Respondent. .... Mr. Suresh Kumar, for the Appellant. Mr. P.P. Tipnis, i/b. Consulta Juris, for the Respondent. .... P.C. CORAM : J. P. DEVADHAR & A.R. JOSHI, JJ. DATED : 21st NOVEMBER, 2011. 1.This Notice of Motion is taken out by the Revenue seeking condonation of delay of 909 days caused in filing the Notice of Motion and for setting aside the order dated 1.4.2009 passed by the Prothonotary dismissing the Appeal for want of removal of office objections. 2.The reasons set out in the affidavit in support of the Notice of Motion are not satisfactory. However, looking to the fact that the revenue involved herein is Rs.3.99 crores, in our opinion, it would be just and proper to condone the delay subject to payment of costs. 3.Accordingly, the Notice of Motion is made absolute in terms of prayers (a) & (b), subject to payment of costs of Rs.5000/- (Rs.Five Thousand Only) to be paid by the appellant to the respondent within a period of two weeks from today. Office objections to be removed within two weeks from today. If the amount of Rs.5000/- is not paid to the respondent within a period of two weeks from today, the Notice of Motion shall stand dismissed without further reference to the Court. 4.Notice of Motion is disposed of in above terms. (A. R. JOSHI, J.) (J. P. DEVADHAR,J.)