: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.2743 OF 2008 OF MOTION NO.2743 OF 2008 OF MOTION NO.2743 OF 2008 IN IN IN INCOME INCOME INCOME TAX APPEAL NO.177 OF 2005 TAX APPEAL NO.177 OF 2005 TAX APPEAL NO.177 OF 2005 M/s.Saboo Cement ..Appellant Vs. The Dy.Commissioner of Income Tax & Ors. ..Respondents Mr.P.P.More with Mr.Abhay Khandeparkar for the Appellant. Mr.N.R.Prajapati 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 23rd July,2008, whereby the above Appeal was dismissed in default. 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 clauses (a) & (b). . Place the matter on board for admission on 11th 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.)