:1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE NOTICE NOTICE OF MOTION NO.977 OF 2004 OF MOTION NO.977 OF 2004 OF MOTION NO.977 OF 2004 IN IN IN INCOME INCOME INCOME TAX APPEAL (L) NO.291 OF 2004 TAX APPEAL (L) NO.291 OF 2004 TAX APPEAL (L) NO.291 OF 2004 Commissioner of Income Tax ..Appellant Vs. M/s.Lawkim Limited ..Respondent None for the Appellant. Ms.Rupali Dixit i/b.Maneksha & Sethna for the Respondent. CORAM CORAM CORAM :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & V.C.DAGA, V.C.DAGA, V.C.DAGA, JJ. JJ. JJ. DATE DATE DATE : 29TH JUNE, 2007 : 29TH JUNE, 2007 : 29TH JUNE, 2007 P.C. P.C. P.C. 1. The learned Counsel for the Respondent pointed out that in the above matter, it has been erroneously recorded that the delay has been condoned. In fact, no one had appeared on behalf of the Appellant on the earlier date and there is also a gross delay of 395 days. Hence, the Notice of Motion stands dismissed. 2. In view of the dismissal of the Notice of Motion, the above Appeal also stands dismissed in default. (V.C.DAGA,J.) (V.C.DAGA,J.) (V.C.DAGA,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.)