IN THE HIGH COURT OF JUDICATURE AT BOMBAY VPH ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION No.3913 OF 2008 IN INCOME TAX REFERENCE No. 320 OF 1998 The Commissioner of Income Tax, Applicant Bombay City-I, Bombay Vs Monika India ... Respondent Mr. Parag Vyas with P. S. Sahadevan, for the applicant. Mr. S. G. Dalal, for the respondent. CORAM: Dr. S. RADHAKRISHNAN, & V. C. DAGA, JJ. DATED: DECEMBER 10, 2008. P.C.: ---- . Heard the learned counsel for the applicant and the learned counsel for the respondent. By the present Notice of Motion, applicant is seeking recall of order dated 6th August, 2008 whereby the above Reference was dismissed in default due to absence of the applicant. Perused the Notice of Motion and the affidavit in support thereof. For the reasons stated in the affidavit in support of Notice of Motion, Notice of Motion is made absolute in terms of prayer Clause (a). Sd/- Sd/- - 2 - [ V.C. DAGA, J.] [ Dr. S. RADHAKRISHNAN, J.]