[ASN] 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 ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1050 OF 2009 IN INCOME TAX APPEAL NO.1295 OF 2006 The Commissioner of Income Tax-9. ..Appellant. Vs. M/s. General Abrsive Co. Pvt. Ltd. ..Respondent. Mr.Suresh Kumar for the Appellant. CORAM : F.I. REBELLO & R.S. MOHITE, JJ. Date Date Date : 4th April, 2009 : 4th April, 2009 : 4th April, 2009 PC : 1. This is a notice of motion for setting aside an order passed by this court on 23.9.2008. By the said order since nobody was present on behalf of the appellant, matter was dismissed for default. 2. The present notice of motion has been taken out in March, 2009 and there is a delay of 141 days in taking out this notice of motion. 3. The record indicates that the earlier Advocate Mr. Saluja was appearing in condonation of delay application filed in the said appeal and after hearing the matter delay was condoned on 2.9.2008. It is merely stated that on 23.9.2008 he was unable to attend the court. It is not stated in the affidavit as to when the appellant learnt about the dismissal of the appeal. There is no cause shown for condoning the delay of 141 days. In our view, therefore, notice of motion cannot be allowed and the same is therefore, dismissed. ( R.S. MOHITE, J.) ( F.I.REBELLO, J.)