:1: bgp bgp bgp 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.2749 OF 2008 OF MOTION NO.2749 OF 2008 OF MOTION NO.2749 OF 2008 IN IN IN INCOME INCOME INCOME TAX APPEAL NO.827 OF 2007 TAX APPEAL NO.827 OF 2007 TAX APPEAL NO.827 OF 2007 The Commissioner of Income Tax ..Appellant Vs. M/s.Black & Yeatch Ltd. ..Respondent Mr.Suresh Kumar for the Appellant. Mr.Rajesh Shah for the Respondent. CORAM CORAM CORAM :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & V.C.DAGA, V.C.DAGA, V.C.DAGA, JJ. JJ. JJ. DATE DATE DATE : 16TH OCTOBER, 2008 : 16TH OCTOBER, 2008 : 16TH OCTOBER, 2008 P.C. P.C. P.C. . Heard the learned Counsel for the parties. By this Notice of Motion, the Appellant is seeking to recall of our order dated 25th June,2008, whereby the above Appeal was dismissed for want of service. Perused the Affidavit in support of the Notice of Motion. Sufficient cause is made out for recalling the aforesaid order. There is no case of inaction, negligence or want of bonafide on the part of the Appellant. Hence, the Notice of Motion is made absolute in terms of prayer clause (a). 2. The learned Counsel for the Appellant has given a copy of the Appeal Memo along with all annexures to the learned Counsel for the Respondent. 3. Place the matter on board for admission on 18th November, 2008. (V.C.DAGA,J.) (V.C.DAGA,J.) (V.C.DAGA,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.)