:1: 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.3346 OF 2008 IN INCOME TAX APPEAL LODING NO.2203 OF 2008 The Commissioner of Income Tax-8. ..Appellant. Vs. M/s. KEC infrastructure Ltd. ..Respondent. Mr,. Suresh Kumar for the Appellant. Mr. Nilesh Shah with Mr. L.V. Boomer i/by S. Satpute & Co. for the Respondent. CORAM : F.I. REBELLO & R.S. MOHITE, JJ. DATE : 7th January, 2009. PC : 1. This is a notice of motion for condonation of 1046 days delay in filing the main appeal. On perusing the affidavit in support, it appears that after obtaining approval from the Chief Commissioner of Income Tax, the file was sent to the standing counsel on 19.7.2005 for drafting the appeal memo. The appeal was however, filed on 23.7.2008. In our view, the delay caused during the period between 19.7.2005 to 23.7.2008 has not been properly explained. In the circumstances, cause shown does not amount to sufficient cause. Notice of motion is therefore, dismissed. Consequently appeal dismissed. Refund of court fee as per rules. (R.S. MOHITE, J.) (F.I. REBELLO, J.)