Dmt 1 nm2677-11 IN THE HIGH COURT OF JDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2677 OF 2010 IN INCOME TAX APPEAL NO. 873 OF 2009 The Commissioner of Income-Tax – V Pune. ..Appellant. Vs. Thermax Ltd., Pune. ..Respondent. Mr. Vimal Gupta i/by Devki Iyer for the Appellant. Ms. Aarti Sathe for Respondent. CORAM : J.P. DEVADHAR AND A.A. SAYED, JJ. DATE : 6TH JULY, 2011. P.C. Heard counsel for the Revenue and the Respondent. According to the counsel for the Respondent-assessee sufficient cause is not shown for condoning the delay of 420 days in filing of this appeal. Counsel for the assess submits that the revenue has been Dmt 2 nm2677-11 consistently negligent in the present case and therefore this Court passed the impugned order which is the subject matter of the present Notice of Motion. Perusal of the affidavit in support of the Notice of Motion it is seen that the delay has not been properly explained. However, in the interest of justice, in our opinion, it would be just and proper to condone the delay subject to payment of cost of Rs. 5000/- to be paid by the appellant to the respondent within a period of two weeks from today. 2. Subject to the payment of costs of Rs. 5000/- by the appellant to the respondent within two weeks from today, Notice of Motion is made absolute in terms of prayers (a) and (b). ( A.A. SAYED, J. ) (J.P. DEVADHAR, J.)