[ASN] IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1056 OF 2009 IN INCOME TAX APPEAL LODGING NO.1899 OF 2008 The Commissioner of Income Tax-8. ..Appellant. Vs. M/s. Vidiani Engineers Ltd. ..Respondent. Mr.Suresh Kumar for the Appellant. CORAM : F.I. REBELLO & R.S. MOHITE, JJ. DATE : 1st April, 2009. PC : 1. This is a notice of motion for condoning 753- days delay in filing the main appeal. 2. Perusal of the affidavit in support, it is seen that the file was sent to the panel counsel for drafting the appeal memo on 19.5.2006 but the file was returned back sometime after 9.7.2008. A period of more than one year and eight months taken for drafting the appeal memo cannot be said to be reasonable. 3,. In our view, therefore, the cause shown does not amount to sufficient cause and hence, notice of motion is dismissed. Consequently, appeal is also dismissed. ( R.S. MOHITE, J.) ( F.I.REBELLO, J.)