-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1909 OF 2008 IN INCOME TAX APPEAL (LODGING) NO. 994 OF 2008 IN INCOME TAX APPEAL NO. ____OF 2008 The Commissioner of Income-Tax-10 ) Mumbai ).. Appellant Versus Ms Malvika Arun Somaiya ).. Respondent Mr Suresh Kumar i/b P S Sahadevan for the Appellant. Mr Bhavik Manek i/b Wadia Ghandy & Co. for the Respondent. CORAM: SWATANTER KUMAR, C. J. & A.P. DESHPANDE, J. DATE: 28TH JULY 2008. P.C. We have heard the learned Counsel appearing for the parties. 2. There is a delay of 44 days in lodging the present Appeal. Explanation has been rendered in the Motion and we have no reason to disbelieve the averments made. Furthermore, no reply has been filed and, in any case, some delay has taken place because the file was sent to different Departments. -2- 3. For these reasons, we are satisfied that the delay of 44 days has been duly explained by the Appellant. Consequently, Notice of Motion made absolute in terms of prayer clause (a). 4. Notice of Motion disposed of accordingly. CHIEF JUSTICE A P DESHPANDE, J.