The Commissioner Of Income Tax v. M/S.black & Yeatch Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTIONNOTICE OF MOTION NO.2749 OF 2008 ININCOME TAX APPEAL NO.827 OF 2007 The Commissioner of Income TaxVs.M/s.Black & Yeatch Ltd. ..Appellant ..Respondent Mr.Suresh Kumar for the Appellant.Mr.Rajesh Shah for the Respondent. CORAM :- DR.S.RADHAKRISHNAN &V.C.DAGA, JJ.DATE : 16TH OCTOBER, 2008 P.C. .Heard the learned Counsel for the parties. By this Notice of Motion, the Appellant is seeking torecall of our order dated 25th June,2008, whereby theabove Appeal was dismissed for want of service.Perused the Affidavit in support of the Notice ofMotion. Sufficient cause is made out for recallingthe aforesaid order. 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. The learned Counsel for the Appellant has given a copy of the Appeal Memo along with allannexures to the learned Counsel for the Respondent. 3. 18th November, 2008. Place the matter on board for admission on (V.C.DAGA,J.) (DR.S.RADHAKRISHNAN,J.)