The Commissioner Of Income Tax,-7 v. M/S.searle (I) Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAYO. O. C. J. NOTICE OF MOTION NO.3979 OF 2009ININCOME TAX APPEAL NO.197 OF 2010 The Commissioner of Income Tax,-7. Vs.M/s.Searle (I) Ltd. ...Appellant. ...Respondent. .... Mr. Suresh Kumar for the Appellant.Mr. B.V.Jhaveri for the Respondent. ..... CORAM : DR.D.Y.CHANDRACHUD AND J.P.DEVADHAR, JJ. April 5, 2010. P.C. : The Motion has been taken out for restoration of an appeal which has been dismissed for non-compliance with the conditional order dated 18[th] June 2009 for non-removal of office objections. We have perused the affidavit in support and are of the view that while interests of justice will require that the appeal should be restored to file, this should be subject to payment of costs to the Respondent which shall be a condition precedent. The Notice of Motion is accordingly made absolute in terms of prayer clause (a) subject to the payment of costs quantified at Rs.1500/- which shall be paid within a period of two weeks from today. In the event of costs being paid, time for removal of office objections shall stand extended by a further period of four weeks from today, failing which the appeal shall stand dismissed for want of prosecution without reference to the Court. The motion is accordingly disposed of. ( Dr.D.Y.Chandrachud, J.) ( J.P.Devadhar, J.)