1 nma1392-11 sas IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1392 OF 2011 IN INCOME TAX APPEAL (LOD) NO.464 OF 2011 Champalal K. Vardhan ..Appellant. V/s. The Commissioner of Income Tax, Mumbai ..Respondent. Mr. Jitendra Singh i/b. Sah & Sanghavi for the appellant. None for the respondent. CORAM : J.P. DEVADHAR AND A.A.SAYED, JJ. DATED : 11TH JULY, 2011 P.C. :- 1 This Notice of Motion is taken out seeking condonation of delay of 1243 days in filing the appeal. The reasons stated in the affidavit in support of the Notice of Motion does not show any sufficient cause for condoning the delay. However, in the interest of justice, we condone the delay subject to the payment of cost of Rs.5,000/- to be paid by the appellant to the respondent within two weeks from today. 2 nma1392-11 2. Subject to the payment of cost of Rs.5,000/- to be paid by the appellant to the respondent within 2 weeks from today, the Notice of Motion is made absolute in terms of prayer clauses (a) & (b). 3. Notice of Motion is disposed off accordingly. (A.A. SAYED, J.) (J.P. DEVADHAR, J.)