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. 149 OF 2002 OF MOTION NO. 149 OF 2002 OF MOTION NO. 149 OF 2002 WITH WITH WITH NOTICE NOTICE NOTICE OF OF OF MOTION NO. 267 OF 2003 MOTION NO. 267 OF 2003 MOTION NO. 267 OF 2003 IN IN IN INCOME INCOME INCOME TAX TAX TAX APPEAL NO. 63 OF 2002 APPEAL NO. 63 OF 2002 APPEAL NO. 63 OF 2002 The Commissioner of Income-tax. ... Appellant. V/s. M/s.Hindustand Dorr Oliver Ltd. ... Respondent. A.S.Rao for the appellant. B.D.Damodar i/b. M/s.Kanga & Co. for the respondent. CORAM CORAM CORAM : V.C.DAGA AND J.P.DEVADHAR, JJ. : V.C.DAGA AND J.P.DEVADHAR, JJ. : V.C.DAGA AND J.P.DEVADHAR, JJ. DATED DATED DATED : 5th May 2005. : 5th May 2005. : 5th May 2005. P.C. P.C. P.C. : : : ---- ---- ---- . On 11th April, 2005 following order was passed in Notice of Motion No.267 of 2003: "For the reasons stated in the affidavit delay in presenting appeal is condoned. Motion is allowed. Office is directed to register the appeal, if not registered, and place it for admission in due course." In Notice of Motion No.149 of 2002 the following order is passed: "In view of the order passed by us on Notice of Motion No.267 of 2003, this motion does not survive." . Today it is brought to our notice that the appeal itself has been dismissed in view of self-operating conditional order dated 18th December, 2001 passed by the Prothonotary and Senior Master. Notice of Motion No.267 of 2003 being motion taken out by the appellant for setting aside said self-operative order and restoration of the appeal, the above-referred order dated 11th April, 2005 condoning delay in filing appeal could not have been passed in Notice of Motion No.267 of 2003. Consequently both the orders dated 11th April, 2005 passed in Notice of Motion Nos.267 of 2003 and 149 of 2002 are recalled. Motions be placed for hearing after Summer Vacation. *****