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.1234 OF 2008 OF MOTION NO.1234 OF 2008 OF MOTION NO.1234 OF 2008 in in in INCOME INCOME INCOME TAX APPEAL (L) NO.1544 of 2008 TAX APPEAL (L) NO.1544 of 2008 TAX APPEAL (L) NO.1544 of 2008 The Commissioner of Income Tax Central II .. Appellant Vs. M/s Tolani Bulk Carriers Ltd .. Respondent Mr.P.S.Sahadevan for Appellant Mr.A.K.Jasani for Respondent CORAM CORAM CORAM : Dr.S.Radhakrishnan and : Dr.S.Radhakrishnan and : Dr.S.Radhakrishnan and A.V.Nirgude, A.V.Nirgude, A.V.Nirgude, JJ JJ JJ DATED DATED DATED : : : 17th June, 2008 17th June, 2008 17th June, 2008 P.C. P.C. P.C. 1. Heard learned counsel for the appellant and learned counsel for the respondent. 2. We have perused the earlier order dt.28.1.08 which is a conditional order. The delay was condoned subject to the appellant paying costs quantified at Rs.2500/- directly to the respondent within a period of four weeks from that day. It appears that the appellant complied with the same by paying the cost on 22.2.08. However, the other condition was that the appellant was directed to remove the office objections failing which the appeal was to be dismissed for want of non-prosecution without reference to the Court. 2 However, it appears that till this date, office objections have not been removed and even the present Notice of motion has been taken out after a month and after expiry of the period on 25.2.08 that is to say that the Notice of motion is taken out on 25.3.2008. The affidavit in support does not even explain why the delay has occured. We are not at all satisfied with the reasons given for the delay. 3. Notice of Motion is devoid of merits. The same stands dismissed. {A.V.Nirgude, {A.V.Nirgude, {A.V.Nirgude, J} J} J} (Dr.S.Radhakrishnan, (Dr.S.Radhakrishnan, (Dr.S.Radhakrishnan, J} J} J}