[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.1027 OF 2009 IN INCOME TAX APPEAL LODGING NO.2194 OF 2007 The Commissioner of Income Tax. ..Appellant. Vs. M/s. Simplex Engineering & Foundry Workd Ltd. ..Respondent. Mr. Vimal Gupta with Mr.P.S.Sahadevan for the Appellant. None for the Respondent. CORAM : F.I. REBELLO & R.S. MOHITE, JJ. DATE : 31st March, 2009. PC : 1. This is a notice of motion for condonation of 349 days delay in filing the appeal. On perusal of the affidavit in support of the notice of motion, it is seen that the last date for filing the appeal was 6.10.2006. The draft of the appeal memo was received from the counsel on 5.4.2007 and the appeal was filed on 20.9.2007. There is no explanation whatsoever for the delay caused between 5.4.2007 and 20.9.2007. In our view, therefore, the cause shown does not amount to sufficient cause. Hence, notice of motion is dismissed. Consequently, appeal dismissed. ( R.S. MOHITE, J.) ( F.I.REBELLO, J.)