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. 2372 OF 2002 OF MOTION NO. 2372 OF 2002 OF MOTION NO. 2372 OF 2002 IN IN IN INCOME INCOME INCOME TAX APPEAL (L) NO. 707 OF 2002 TAX APPEAL (L) NO. 707 OF 2002 TAX APPEAL (L) NO. 707 OF 2002 The Commissioner of Income Tax ] .. Appellant Versus Daga Leasing & Finance Ltd. ] .. Respondent Mr. R. Ashokan i/b Mr. K.B. Rao for the appellant. None for the respondent. CORAM: S.B. MHASE & A.A. KUMBHAKONI, JJ. DATED: 27TH JUNE, 2008 P.C. : 1. By this Notice of Motion, the appellant - Commissioner of Income tax has approached this court for condonation of delay of 30 days in filing the Income Tax Appeal (Lodg.) No.707 of 2002. 2. The learned counsel for the appellant is present. However, the respondent is absent. No reply has been filed. Therefore, the rule of non traverse of pleadings will apply. For the reasons stated in the Affidavit in support of the Notice of Motion, the thirty : 2 : days delay is condoned. 3. Office is directed to number the Income Tax Appeal and process the same for admission. 4. Notice of Motion stands disposed of accordingly. Sd/- Sd/- [A.A. [A.A. [A.A. KUMBHAKONI, J.] KUMBHAKONI, J.] KUMBHAKONI, J.] [S.B. [S.B. [S.B. MHASE, J.] MHASE, J.] MHASE, J.]