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 OF MOTION NO.4064 OF 2008 IN INCOME TAX APPEAL (L) NO.179 OF 2008 NOTICE OF MOTION NO.2258 OF 2008 The Commissioner of Income Tax Mumbai ..Appellant V/s. M/s. Swati Diamonds Mumbai ..Respondent ALONGWITH NOTICE OF MOTION NO.4094 OF 2008 IN INCOME TAX APPEAL (L) NO.177 OF 2008 NOTICE OF MOTION NO.2259 OF 2008 The Commissioner of Income Tax Mumbai-7 ..Appellant V/s. M/s. S.M. Suresh & Co. Mumbai-4 ..Respondent ALONGWITH NOTICE OF MOTION NO.4095 OF 2008 IN INCOME TAX APPEAL (L) NO.176 OF 2008 NOTICE OF MOTION NO.2260 OF 2008 The Commissioner of Income Tax Mumbai-7 ..Appellant V/s. M/s. S.M. Suresh & Co. Mumbai-4 ..Respondent ALONGWIGH NOTICE OF MOTION NO.4096 OF 2008 IN INCOME TAX APPEAL (L) NO.178 OF 2008 NOTICE OF MOTION NO.2261 OF 2008 The Commissioner of Income Tax Mumbai-7 ..Appellant V/s. M/s. S.M. Suresh & Co. Mumbai-4 ..Respondent Mrs. Anuradha Mane for Appellant None for Respondent CORAM CORAM CORAM : F.I. REBELLO & : F.I. REBELLO & : F.I. REBELLO & R.S. R.S. R.S. MOHITE, JJ MOHITE, JJ MOHITE, JJ DATED DATED DATED : 7TH JANUARY, 2009 : 7TH JANUARY, 2009 : 7TH JANUARY, 2009. P.C. : 1. These motions are taken out for recalling the order dated 22.10.2008. We have perused the order dated 22.10.2008 more specifically paragraph No. 7. It is clear that the word "dismiss" was the typographical error. If the entire paragraph is read in proper text it ought to be "allowed". Considering the above, notices of motions made absolute in terms of prayer clause (a). Appeal be restored to file. 2. On behalf of the appellant, learned Counsel makes a statement that the costs has been deposited. 3. The appellants are directed as a condition precedent to file proper Vakalatnama within a period of two weeks from today. ( R.S. MOHITE,J.) R.S. MOHITE,J.) R.S. MOHITE,J.) ( F.I. REBELLO,J) F.I. REBELLO,J) F.I. REBELLO,J)